1 nms3282-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.3282 of 2010 in Suit No.2551 of 2006 Wimco Ltd. .. Plaintiff s v/s. Matoshree Shelters Pvt. Ltd. & Others ..Defendants Ms.Vijaylaxmi Kulkarni i/b. Nanu Hormusjee & Co. for the Plaintiff. Mr.R.A.Shah a/w. Rashmi Sawant i/b/ Mansukhlal Hiralal & Co. for the Defendant Mr. Samir Suryawanshi for the 8 workers CORAM : R.Y.GANOO, J. DATED : 18th January, 2011 P.C. : 1. The matter was on board today. As learned Counsel Mr. Shah i/b. Mansukhlal Hiralal & Co. for defendant nos.1 and 2 had indicated to the court that as many as 8 more employees want to get themselves accommodated on the 4th floor instead of 1st, 2nd and 3rd floors. He drew my attention to the order dated 6.12.2010 by which the flats on the 4th floor were alloted to some of the workers. On account of that the matter was posted today for filing affidavit of the 8 persons who 2 nms3282-10.sxw were willing to go on the fourth floor instead of 1st, 2nd or 3rd floor. Accordingly, today 7 persons are before the Court. The 8th person Mr. Chavan is unable to come as he is sick. Medical Certificate is produced by learned Advocate Mr. Suryawanshi. It is perused and returned to Advocate Mr. Suryawanshi. Absence of Mr. Chavan is excused. The list of the employees to whom flats are to be alloted is tendered by learned Advocate Mr. Suryawanshi appearing for these 8 employees. Mr.R.A.Shah has verified the same and there is no dispute about the said list. The said list is taken on record, to be incorporated as part of the order i.e. to say the list be annexed to the order so that the said list can be used for the purpose of executing this order. The eight affidavits are taken on record. 7 employees who are before the court have admitted correctness of these affidavits. The affidavits are already interpreted to them in Hindi by the Government translator. This eight affidavits are taken on record. It is needless to repeat the contentions raised by the plaintiffs while passing order dated 6.12.2010 as the same contentions were raised before this Court by learned Counsel Mrs. Vijayalaxmi Kulkarni i/b. Nanu Hormusjee & Co. and they are reiterated. The contentions are noted by the court and the earlier principle is reiterated by this order 3 nms3282-10.sxw also. It is hereby ordered that merely because the flats are alloted to the eight employees on the fourth floor that shall not cause any prejudice to the plaintiffs in their contentions which they want to raise as regards non fulfilment of the original agreements including furnishing a flat to the employees on 1, 2nd 3rd floor provided plaintiff can legitimately raise the said contention. 2. Mr. Shah has already served the motion on the earlier occasion. Motion to come up in usual course. 3. Learned Counsel Mr.R.A.Shah states that the possession in respect of the flats which are figured in the list on the 4th floor are handed over to the Court Receiver long back. Since all these employees are getting flats on the fourth floor, the Receiver shall hand over the vacant and peaceful possession of the respective flats to the respective employees as mentioned in the list within one week from delivering to the Receiver the authenticated copy of this order duly authenticated by associate of this court. [R.Y.GANOO, J.] 4 nms3282-10.sxw LIST OF WORKERS Sr.No Name & Address Age Adm. Area Flat Allotted 1 Mr.Veeresh Ningappa Room No.6, Chawl No.C/5. Plot No.9A9B, Old Wimco Chawl,Wimco Naka, Ambernath (W) – 421 505 District Thane 39 487 sq.ft. Flat No.421, “E” Wing Bldg. No.1, Matoshree Nagar, Village Khoj Khuntavli, Ambernath (W), District Thane 2. Mr.Mallesh Krishnappa Room No.1 & 2, Chawl No.A/9. Plot No.DD15, Old Wimco Chawl,Wimco Naka, Ambernath (W) – 421 505 District Thane 44 487 sq.ft. Flat No.429, “G” Wing Bldg. No.1, Matoshree Nagar, Village Khoj Khuntavli, Ambernath (W), District Thane 3. Mr.Vitthal Pandu Mutgi Room No.1, Chawl No.C/3. Plot No.9A9B, Old Wimco Chawl,Wimco Naka, Ambernath (W) – 421 505 District Thane 35 487 sq.ft. Flat No.409, “C” Wing Bldg. No.2, Matoshree Nagar, Village Khoj Khuntavli, Ambernath (W), District Thane 4. Mr. Noormohammed M.Y.Shaikh Room No.5, Chawl No.B/9. Plot No.DD15, New Wimco Chawl,Wimco Naka, Ambernath (W) – 421 505 District Thane 34 487 sq.ft. Flat No.414, “D” Wing Bldg. No.1, Matoshree Nagar, Village Khoj Khuntavli, Ambernath (W), District Thane 5. Mr.A. Janardhan Nair Flat No.203, Konark Apartment, B Wing, Vadavali Section., Ambernath (E) – 421 501 District Thane 55 487 sq.ft. Flat No.405, “B” Wing Bldg. No.2, Matoshree Nagar, Village Khoj Khuntavli, Ambernath (W), District Thane 6. Mr.Madhu Laxman Chavan Room No.4 & 5, Chawl No.C/6 Plot No.9A/9B, Old Wimco Chawl,Wimco Naka, Ambernath (W) – 421 505 District Thane 46 487 sq.ft. Flat No.409, “E” Wing Bldg. No.1, Matoshree Nagar, Village Khoj Khuntavli, Ambernath (W), District Thane 5 nms3282-10.sxw 7. Mr.Sham Appasaheb Chavan Room No.4 , Chawl No.B/20 Plot No.DD15, New Wimco Chawl,Wimco Naka, Ambernath (W) – 421 505 District Thane 37 487 sq.ft. Flat No.420, “E” Wing Bldg. No.1, Matoshree Nagar, Village Khoj Khuntavli, Ambernath (W), District Thane 8. Mr.Ibrahim Dawal Shaikh Room No.1, Chawl No.D/3. Plot No.9A9B, Old Wimco Chawl,Wimco Naka, Ambernath (W) – 421 505 37 538 sq.ft. Flat No.411, “C” Wing Bldg. No.1, Matoshree Nagar, Village Khoj Khuntavli, Ambernath (W), District Thane 18/01/2011 (R.Y.Ganoo, J.)