1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.2528 of 2007 In Suit No.2463 of 2004 Smt.Leela V. Malani .. .. Plaintiff v/s. Karan R. Vaswani & ors. .. .. Defendants Mr.D. D'Mello for Plaintiff. Mr.D.G. Rangras for Deft.No.5. Mr.C.S. Kapadia with Ms.r. Kalpatranan and Ms.Bharti Bhagwat i/by P.K. Shroff for Deft.Nos.7 to 9. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 31st July, 2008 P.C. : 1.The Plaintiff initially applied for an order of injunction restraining certain construction on the suit property in which she has interest as an owner. Whilst rejecting her Application for injunction, certain amount was directed to be deposited by an order dated 15th December 2004 in the initial Application taken out by the Plaintiff. The entire amount required to be paid to her under the Agreement in respect of the suit property was directed to be deposited by the Appeal Court in an Appeal filed by her against that order. The order of the Appeal Court dated 5.5.2005 requires Defendant Nos.7 to 9 to deposit a total sum of Rs.55,77,000/-. The amount has been deposited. The 2 Plaintiff seeks to withdraw that amount. 2.It is contended on behalf of Defendants 7 to 9 that this amount be allowed to be withdrawn if the Plaintiff withdraws all allegations made by her to all the Authorities against the Defendants and if the Plaintiff also withdraws the Caveat filed in Testamentary Suit No.12 of 2005 in Testamentary Petition No.769 of 2004 and Administrative Suit No.2453 of 2004 filed by the Applicant. The Plaintiff's Constituted Attorney, who is her daughter Ms.Pushpa Hira, who is present in Court, instructs the Advocate for the Plaintiff to state that she accepts these terms. Consequently, it is recorded that the Plaintiff has withdrawn the allegations made in her correspondence to the various Authorities as well as in the aforesaid Testamentary Suit and the Administrative Suit. The Plaintiff shall be allowed to withdraw Rs.55,77,000/- lying to the credit of this Suit along with interest, if any, which has accrued due thereupon. 3.The Plaintiff's lease against Defendant Nos.1 to 5, who are the developers of the suit property, is with regard to the execution of the Deed of Conveyance which has to be made in favour of the Society as the nominee of the developers, Defendants 1 to 5 herein. The Plaintiff is required to execute 3 the Deed of Conveyance in terms of the Development Agreement entered into by her with the developers/Defendants 1 to 5 and their nominees. 4.The Plaintiff's Advocate has already sent the Draft Deed of Conveyance to the present developers/Defendants 1 to 5. The Draft Deed of Conveyance is required to be in terms of the Agreement for Development. There is a dispute with regard to some of the clauses. Consequently, an officer of the Court will be required to see and verify the Draft Deed of Conveyance to find out whether it is in consonance with the Agreement of Development. Hence, the following order:- ORDER (i) The Prothonotary and Senior Master of this Court shall allow the Plaintiff to withdraw Rs.55,77,000/- lying to the credit of this Suit with all accrued interest thereon. The Plaintiff through her Constituted Attorney or otherwise shall withdraw the Caveat filed in Testamentary Suit No.12 of 2005 in Testamentary Petition No.769 of 2004 as well as Administrative Suit No.2453 of 2004 within one week from today. All the complaints made by the Plaintiff to all the Authorities are taken to be withdrawn. 4 (ii) The Draft Deed of Conveyance already served upon the Advocate for Defendants 1 to 5 is tendered to Court and is taken on record. Mr.S.S. Mathkar, Assistant Prothonotary and Senior Master is appointed Officer to see and verify the Development Agreement dated 22nd of March 2002 with the Draft Deed of Conveyance. He shall be entitled to modify the Draft Deed of Conveyance, if it is not in consonance with the aforesaid Deed of Development. The Constituted Attorney of the Plaintiff Ms.Pushpa Hira shall sign the Deed of Conveyance as settled by the officer in terms of the Agreement for Development dated 22.3.2002. The officer shall verify and modify, if required, the aforesaid Draft Deed of Conveyance within three weeks from today. The Advocate for the Plaintiff shall engross the final Deed of Conveyance within one week thereafter. The Constituted Attorney of the Plaintiff shall sign the Draft Deed of Conveyance within one week of the verification/modification made by the officer. (iii) The Notice of Motion is disposed off accordingly. The Advocate on behalf of the Plaintiff applies for withdrawal of the Suit. In view of the above order, the Suit is allowed to be withdrawn. 2/3rd refund. [SMT.ROSHAN DALVI, J.] 5