ash 1 a0-332.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 332 OF 2010 M/s. Nandanvan Co-op.Housing Society Ltd. .. Appellant. Vs. nandanvan Co-op. Housing Society Ltd. & Ors. .. Respondents -- Shri R.D. Soni i/by Ram & Co. for the Appellant. Shri Manoj Mhatre i/by Dr Mrs. Sadhana S.Mahashabde for Respondent No.1. Shri Uday P. Warunjikar for Respondent No.2. Mrs. K.K. Soraan for Respondent No.3. -- CORAM ; A.S. OKA, J DATED : 30TH MARCH, 2011 P.C. . Not on board. Taken on board. 2. Affidavits of the members of the 1st Respondent as well as the authorised representative of the 1st Respondent society are taken on record. Affidavits are collectively marked as “X”. Minutes of the order duly signed by the Advocate appearing for the Appellant and the Advocate appearing for the 1st and 2nd Respondents are taken on record. 3. In view of clause (2) of the minutes of the order, reasons need not be recorded. The Appeal is disposed of in terms of the minutes of the order. Undertakings and statements which are incorporated in the affidavits tendered on record are accepted. ash 2 a0-332.10 4. It is made clear that an application can be made by the 2nd Respondent for grant of part occupation certificate only in respect of the flats to which a reference is made in clauses 7 and 9 of the minutes of the order. The 3rd Respondent Corporation shall decide such application without being influenced by the pendency of the suit. 5. It is made clear that all contentions of the parties on merits of the suit as well as merits of the Notice of Motion are kept open. Even the objection regarding jurisdiction is expressly kept open. 6. The preliminary issue and the Notice of Motion shall be decided by the Trial Court on or before 31st July, 2011 as set out in clause 5 of the minutes of the order. It will be open for the parties to apply for filing additional pleadings in accordance with law. 7. Parties will co-operate with the the Trial Court for disposal of the proceedings. 8. Civil Application St. No.1401 of 2009 does not survive and the same is disposed of. ( A.S. OKA, J )