*1* nms.3748.09.sxw skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3748 OF 2009 IN SUIT NO. 2019 OF 2009 Mrs.Zavera Neil Phillips ..Plaintiff -Versus- Brahmadeo Matasaran ..Defendant .......... Mr.J.M.D’Silva for the Plaintiff/in support of Notice of Motion. Mr.J.B.Singh for the Defendant. .......... CORAM : S.J. KATHAWALLA, J. DATE : 25TH JANUARY 2011. P.C. 1 The learned advocate appearing for the defendant states that he is in exclusive use and occupation of suit shop and that he has not parted with possession and/or created any third party rights in respect of any person including Mr.Abhimanyu Madhavrao Gauda. He states that Mr.Gauda is a person working for him and has no rights in and over the suit premises. He further undertakes on behalf of the defendant that the defendant, pending the hearing and final disposal of the suit, shall not sale, dispose of, transfer, alienate, encumber, part with possession and/or create any third party rights in respect of the suit shop. The undertaking is accepted. 2 In view thereof, Notice of Motion stands disposed of. [S.J. KATHAWALLA, J.]