pvr １ A76-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.76 OF 2010 IN NOTICE OF MOTION NO.2090 OF 2009 IN SUIT NO.1404 OF 2009 M/s.Acknur Constructions Pvt.Ltd. ...Appellant vs. 1.Sweety Rajendra Agarwal & Ors. ...Respondents --- Mr.V.R.Dhond with Mr.M.A.Saiyed, for Appellant. Mr.M.M.Vashi i/b. M/s.M.P.Vashi & Associates, for Respondents 1 & 2. Ms.Asha M.Bhambwani, for Respondents 3 & 4. Mr.Vipin Kamdi i/b. V.K.Lex Associates, for Respondent no.5. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 8th August,2011. P.C.:- By consent of parties, the appeal is disposed of in the following terms:- pvr ２ A76-10 1. Mr.M.M.Vashi, the learned Counsel appearing for Defendant nos.1 and 2 states that he has taken instructions from defendant nos.1 and 2 for giving the consent. 2. The order impugned in the appeal is set aside. In case, the defendant nos.1 to 4 fail to obtain suitable interim or final order from the Court constituted under the Maharashtra Co- operative Societies Act, preventing the plaintiff and respondent no.5-Society from evicting respondent-defendant nos.1 to 4 from their present premises, within a period of six months from today, Notice of Motion no.2090 of 2009 taken out in Suit no.1404 of 2009 shall stand granted in terms of prayer clauses (a) & (b). 3. It is clarified that in case defendant nos.1 to 4 approach the Court under the Maharashtra Co-operative Societies Act, that Court decide the dispute and make order in pvr ３ A76-10 accordance with law on the basis of the material produced before it, without being influenced by the order which is impugned in this appeal or this order. The appeal is disposed of. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)