1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1420 OF 2010 WITH NOTICE OF MOTION NO.4195 OF 2007 IN SUIT NO.7 OF 2004 Standard Chartered Bank. ..Plaintiffs. Vs. Framroze Court Apartments Pvt. Ltd. and ors. ..Defendants. Mr. Naushad Engineer along with Mr. D. Khanapurkar i/by Manilal Kher Ambalal & Co. for the plaintiffs. Mr. Amin Kherda for the Defendants 1 to 3. CORAM : R.S. MOHITE, J. DATE : 06th July, 2010 PC : 1 Heard both sides. 2 This notice of motion seeks injunction against the defendant Nos. 1 to 3 their employees, office bearers and servants or any person claiming by or through any of them, from in any manner obstructing of disturbing or interfering with the free ingress and egress of the plaintiffs, their agents, servants or any person claiming by or through them to the flat No.18 on the second floor of the building known as “Framroze Court” for carrying out necessary repair and maintenance work. 2 3 By an affidavit dated 18.6.2010, the description of the repair work has been given and it is also mentioned in Para 3 that plaintiffs have appointed Mr. Santosh Pathak, the Sole Proprietor of M/s. Shree Painting & Civil Contractor for carrying out the repair work of the suit premises. Advocate for the respondent No. 3 states that his client will not raise any objection to Mr. Santosh Pathak, Civil Contractor or any workmen appointed by him for carrying out the repairs as described in the affidavit. He however, states that the officers of the plaintiffs may also supervise the said work and for this also, his client will have no objection. Statement is recorded and accepted. Advocate for the plaintiffs states that endavour will made that the entire repair work is completed within 6-months. Said statement is also accepted. In view of the acceptance of the statements, parties are directed to abide by the said statements. Notice of Motion is disposed off. 2 Advocate for the plaintiffs also brought to my notice that I have stated in my order dated 14.6.2010 that the repairing work is going on. Advocate states that repairing work has not started till today and the repairing work will be started after receipt of this order. NOTICE OF MOTION NO.4195 OF 2007 IN SUIT NO.7 OF 2004 3 1 Both parties state that since the ad interim order in this motion was passed on 3.3.2004 and the work has been completed. In this view of the matter notice of motion does not survive and the same stands disposed off. (R.S. MOHITE,J.)