1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.1370 of 2007 In Suit No.1094 of 2007 H.K. Taneja & ors. .. .. Plaintiffs v/s. Bipin Ganatra .. .. Defendant Mr.Snehal Shah i/by Ramani & Pamani for Plaintiffs. Mr.Kezer Kharawala i/by R.K. Associates for Deft. Defendant present in person. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 8 th October, 2008 P.C. : 1. After the Notice of Motion was argued at length yesterday, the Defendant's Advocate took time to take instructions from the Defendant to make statement in Court with regard to various persons who have been inducted by the Defendant pending the Notice of Motion in the suit premises despite and after the order dated 4.4.2007. The Counsel state that Court Receiver has been appointed in respect of the suit premises. 2. The Defendant, who is present in Court, states that he shall have the persons residing in the flat at present, who are his relatives and friends, removed from the suit premises. He 2 further states that if they do not vacate the suit premises, the Court Receiver may forcibly obtain possession from them. 3. The Defendant, therefore, abides by his statement made on 4.4.2007 to Court. The Defendant, therefore, clarifies that none other than he is entitled to reside in the suit premises pending the Suit. 4. The Court Receiver shall allow the Defendant to remain in possession of the suit premises pending the Suit. Since the Defendant was admittedly inducted in the suit premises by one Mrs.Urmila Shah, who was given the life interest in respect of the suit premises by her husband, who owned the suit premises, no royalty need be paid by the Defendant pending the Suit to the Court Receiver. 5. The Court Receiver has made the inventory of the suit premises. The Court Receiver shall take fresh inventory of the suit premises after 4 weeks from today. If the Court Receiver finds any persons other than the Defendant in actual possession, use or occupation of the suit premises, the Court Receiver shall be entitled to obtain possession 3 from these persons. The Court Receiver shall be entitled to take Police assistance, if required. 6. The Defendant shall not create any further right or induct any third party or otherwise transfer, sell or encumber the suit premises pending the Suit. 7. The Defendant further states that he shall pay the outgoings of the Society in respect of the suit premises to the Court Receiver regularly each month. The Defendant's Advocate states that there are no arrears payable to the Society. 8. The Notice of Motion is disposed of accordingly. No order as to costs. [SMT.ROSHAN DALVI, J.]