1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE NOTICE NOTICE OF MOTION NO.1389 OF 2009 OF MOTION NO.1389 OF 2009 OF MOTION NO.1389 OF 2009 IN IN IN SUIT SUIT SUIT NO.1659 OF 1981 NO.1659 OF 1981 NO.1659 OF 1981 M/s.Courtesy Cleaners Plaintiffs vs. Pragati Dilip Kavli & ors. Defendants Mr.N.J.D’monte for the plaintiffs. Mr.Jaydeep Mitra i/b.Apte & Co. for the defendants. Mr.G.G.Ketkar, 1st Asstt. to Court Receiver present. CORAM : ANOOP V. MOHTA,J. DATED : 16th April, 2009 P.C. Not on board. In view of urgency, taken on record. Heard finally by consent. 2. This notice of motion is taken out by the defendants for extension of time to vacate the suit shop premises. 3. Considering the averments made and as case is made out, I am inclined to grant this notice of motion in terms of prayers (a) and (b). However, this will be on the condition that the defendants shall not create any third party right and interest in the suit premises and the undertaking already given will continue and defendants also undertakes not to apply again for 2 extension. 4. The defendants/appellants to pay the costs of Rs.3,000/- to the plaintiffs/respondents within one week from today as a condition precedent. 5. Notice of motion is accordingly allowed in the above terms. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]