1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 801 OF 2008 IN SUIT NO. 2939 OF 1995 Rajul J. Chhaya .. Plaintiff Vs. Suresh Nagreth & Ors. .. Defendants. Mr. Snehal Shah i/b Thakore Jariwala & Associates for the Plaintiff. Mr. Nusurat Shah i/b Naazish Shah for the Defendants. CORAM : MRS. R. S. DALVI, J. DATE : 21st April, 2010. P.C. 1. Defendant No.1 who is in possession of the suit flat has been directed to pay Rs.3,000/- per month for his occupation in the suit flat. He has made certain defaults. The defaults are stated to have been made from March, 2007. Defendant No.1 has admittedly deposited Rs.90,000/- and Rs.50,000/- aggregating to Rs.1,40,000/- in the bank account of the plaintiff. Due to default a sum of Rs. 1,14,400/- became due and payable and remained unpaid. In view of these two deposits, defendant No.1 cannot be stated to be in default at present. The plaintiff fairly concedes this position. Hence, the Notice of Motion is allowed to be withdrawn. 2 2. Prayer (b) is not pressed at present and is allowed to be withdrawn with liberty to press it in future. 3. It is clarified that the defendant shall pay the amount for maintenance as well as repair of the suit flat separately to the society. 4. The Notice of Motion is disposed of accordingly. (R. S. DALVI, J.)