IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2536 of 2008 . NOTICE OF MOTION NO.2536 of 2008 . NOTICE OF MOTION NO.2536 of 2008 . IN IN IN SUIT NO.2832 of 2006. SUIT NO.2832 of 2006. SUIT NO.2832 of 2006. Sunil Choudhari & Anr. ..Plaintiffs versus Continuous Stationery Pvt. Ltd. & Ors. ..Defendants Mr.P.K.Dhakephalkar i/b. Y.S.Bhate for the Plaintiff Mr.Viraj Tuljapurkar, Sr. Counsel with Ms. Somaya Srikrishna & Ms. A. Ghone i/b. Kanga & Co. for the Defendant No.1 Mr.Prashant Chavan i/b. N. Vora & Associates for the Defendant No.2 Mr.Prakash Shah with Pritesh Rajgor i/b. PDS Legal for the defendant No.3 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 19th Nov., 2008. DATED : 19th Nov., 2008. DATED : 19th Nov., 2008. P.C. 1. This motion is taken out by the plaintiffs so as to appoint Court Receiver in regard to the suit property, alternatively an Order of injunction is sought to see that the defendants do not create third party rights in respect of the suit premises. 2. During the course of hearing of this motion, learned Senior Counsel Mr. Tuljapurkar -2- appearing on behalf of the defendant No.1 upon instructions made a statement that as of today the defendant No.1 does not wish to create third party right and that possession in respect of the suit premises is already handed over to defendant No.3 and that in future if defendant No.1 proposes to create third party right then defendant No.1 shall give four weeks notice to plaintiffs as well as advocate for the plaintiffs informing them the intention of the defendant No.1 to create third party right in the suit premises. He further submitted that the merits of the matter be left open, if in future the plaintiffs take out a motion for similar reliefs after they receiving a notice from the defendant No.1 about his intention to create third party right. 3. In my view, accepting the statement made by learned Senior Counsel Mr.Tuljapurkar, it would be in the interest of all the parties particularly because as of today leave and license is already created in respect of defendant No.3 for a long period of three years. 4. In so far as defendant No.3 is concerned, -3- learned Counsel Mr.Shah upon instructions from his client made a similar statement as the one made by learned Sr. Counsel Mr.Tuljapurkar and further stated that his client shall not part with possession in respect of the suit premises to third party. He, upon instructions made further statement that if defendant No.3 in future intends to create third party right or part with the posession of the premises, the defendant No.3 would give notice to the plaintiffs. 5. In my view, if statement of aforesaid counsels are accepted as mentioned aforesaid, it would meet the ends of justice. Hence I pass the following Order. ORDER . Statement made by learned Senior Counsel Mr. Tuljapurkar and learned Advocate Mr.Shah is accepted. Motion stands disposed of in terms of the said statement. Liberty is granted to the plaintifsf to take out fresh motion for similar relief, if in future they receive a notice from the defendant No.1 or 3 as referred to above. -4- . Merits of the matter as regards appointment of Receiver is not discussed in this motion. They are left open. There shall be no orders as to csts. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)