LPA 166.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.166/2011 IN WRIT PETITION NO.4037/2011 D.V.Shah and Ors. Appellants Vs. Prerana the Bank of Baroda, Mumbai Respondents Mr.Niranjan Lapashiya with Ms.Leena Shah i/b M/s Niranjan & Co.for Appellant Mr.H.S.S.Murthy i/b Mr.Piyush Shah for Res.1 Mr.S.Jain with Mr.Kalpesh Mehta i/b Mr.Pravin Mehta and Mithi & Co.for Res.2 Coram-P.B.Majmudar, And Mrs.Mridula Bhatkar,JJ. Date- 28th July,2011. P.C. . It is pointed out that the parties have settled the dispute. There are nine appellants in this matter. It is pointed out that one of the occupants namely A.V.Wadia by mistake was not joined in original petition.We grant leave to the said person to join and prosecute the appeal against the order of the Single Judge. Leave is granted by consent of both the sides. The said LPA 166.11 2 appellant is permitted to add as appellant no.10. Amendment be carried out forthwith. 2 Learned counsel for the appellant states that he is appearing on behalf of the newly added appellant. 3 At the time of hearing of this appeal it is pointed out that the parties have settled the dispute and by way of settlement, respondent no.2 has agreed to pay monthly rent @ Rs.25/- per sq.ft.. The amount payable to appellant nos.1 to 9 is handed over to the counsel for the appellant today and amount payable to appellant no.10 learned counsel for the respondents states that the amount will be paid latest by tomorrow. The said statement is taken on record. 4 The appellants undertake that they will vacate the premises within two weeks from today. The said statement is recorded. LPA 166.11 3 5 The premises to be vacated latest by 11th August, 2011. 6 The appellant nos.1 to 9 have already accepted the amount through their advocate and in view of their undertaking they are directed to vacate the premises by 11th August,2011. If they fail to do so, the Receiver shall immediately take possession and hand over the possession to the society with the help of the Receiver. 7 Other points raised by the learned counsel appearing for the appellants regarding recreation ground and sub station are kept open and they have not been adjudicated in the present proceedings. It will be open to the appellants to raise this issue before the appropriate forum. We are not expressing any opinion in this regard. 8 Counsel for respondent no.2 orally LPA 166.11 4 undertakes that the premises will be constructed within two years after getting commencement certificate and appropriate area will be allotted to the concerned appellants as per the scheme. The said oral undertaking is taken on record through one Pradeep Chopra to whom the advocate identifies. The parties to act accordingly. 9 It is needless to say that the agreement arrived at by the society to disburse the society funds to be carried out by the society. 10 It is submitted on behalf of the respondents that on vacating the premises whatever amount may be the appellants are entitled to which is paid to the others, the same benefit will be available to the appellants, without prejudice to the rights and contentions of the parties. 11 The undertaking is taken on record and LPA 166.11 5 marked ‘X’ for identification. The appeal is disposed of accordingly. (P.B.Majmudar,J.) (Mrs.Mridula Bhatkar,J.)