FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.447 OF 2008 IN SUIT NO.357 OF 1993 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr H.J.Engineer i/b Gordhandas & Fozdar, for the plaintiffs. Mr Karl Tamboly i/b M/s FZB & Associates for defendant nos 1 to 3. CORAM: D.B.Bhosale,J. DATED: 24.04.2008 P.C.: Heard learned counsel for the parties. This Notice of Motion is taken out by defendant nos 1 and 3 for the following relief:- "(a) That pending the hearing and final disposal of the suit, the ad-interim order dated 16.2.1993, passed in Notice of Motion No.364 of 1993, in Suit No.357 of 1993, be modified and the defendant nos 1 and 3 be allowed to transfer the tenancy of Shop No.5 and upon receipt of an amount of Rs.18 lacs, do pay an advance tax of Rs.6 lacs and distribute the balance sum to the plaintiff and defendant nos 1,2 and 4 to 8 in equal shares after deducting therefrom such sum as is payable by the executors to the Advocates and Solicitors and Accountants towards their professional fees relating to the transaction of transfer of the tenancy." By consent, the Motion is heard finally. Learned counsel for defendant nos 1 and 3 submits that even other defendants have no objection for obtaining an order in terms of the aforesaid prayer clause (a). Learned counsel for the plaintiffs has no objection for making the Motion absolute in terms of prayer clause (a). Having considered the submissions of the learned counsel for the parties and the affidavit in support of the Motion, the Motion is made absolute in terms of prayer clause (a). The Motion is disposed of. (D.B.Bhosale, J.)