1 NMS-2100-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2100 OF 2011 IN APPEAL NO.208 OF 2011 IN WRIT PETITION NO.158 OF 2010 Narang Overseas Private Limited ..Appellant Vs Divisional Joint Registrar, Co-operative Societies, Mumbai and ors. ..Respondents WITH NOTICE OF MOTION NO.2105 OF 2011 IN APPEAL NO.209 OF 2011 IN WRIT PETITION NO.159 OF 2010 Narang Overseas Private Limited ..Appellant Vs Divisional Joint Registrar, Co-operative Societies, Mumbai and ors. ..Respondents 2 NMS-2100-11.odt -- Mr.Chetan Kapadia i/b.M/s.Solomon & Co., for appellants (in both appeals) Mr.Rajiv Narula i/b.M/s.Jhangiani Narula & Co., for respondent nos. 3(a) and 3(b). -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 9 th AUGUST, 2011 P.C: By the orders impugned in the appeals, the share certificates of the flat no.5 are directed to be transferred in favour of the respondent namely Sanjay Manu Narang and the share certificates of flat no.9 are directed to be transferred in favour of the respondents namely Sanjay Manu Narang and Rachana Manu Narang. Admittedly, the appellants are not occupying the flats. It is the respondents who are, admittedly, occupying the flats. The learned counsel for the respondents namely, Sanjay Manu Narang and Rachana Manu Narang has stated before us that if the share certificates are permitted to be transferred in their names during the pendency of the appeals subject to the result of appeals, they undertake that the said 3 NMS-2100-11.odt respondents will not transfer, alienate or encumber the said flats during the pendancy of the Appeals and that if the result of the Appeals goes against them, the share certificates can be transferred back in favour of the successful party. 2] In our opinion, considering that it is the respondents namely Sanjay Manu Narang and Rachana Manu Narang who are admittedly occupying the flats and they are willing to give undertaking to the Court not to transfer the flats, no prejudice will be cause to the interest of the appellant if during the pendency of the appeals, the share certificates are permitted to be transferred pursuant to the orders which are impugned in this appeals subject to the result of the Appeals. In our opinion, therefore, following order would meet the ends of justice :- (a) There shall be no ad-interim order save and except that in case the share certificates are transferred by the Societies, the transfer shall be subject to the result of the Appeals. (b) The undertaking given by Sanjay Manu Narang and Rachana Manu Narang that during the pendency of Appeals, they will 4 NMS-2100-11.odt not transfer, alienate or encumber the flats which are subject matter of this Appeals is accepted. Notices of Motion are disposed of. [R.G.KETKAR, J.] [D.K.DESHMUKH, J.]