1 nms-1-s-2618-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 1 OF 2009 IN SUIT NO. 2618 OF 2006. Kalpataru Limited & Anr. ..Plaintiffs. vs. Mr. Dennis Nunes & Ors. ..Defendants. And Municipal Corporation of Greater Mumbai & Anr. ..Proposed Respondents. .... Mr. Pankaj Sawant, i/b. Vasmin Bhansali & Co., for Plaintiffs. Mr. Ashish Dubey, i/b. Mr. J.P. Dubey, for Defendant Nos. 3 & 4. Mr. Pesi Modi, a/w. Ms. Najma Shikah, i/b. Vigil Juris, for Defendnat No.6. .... CORAM : S.J. KATHAWALLA, J. DATE : 4TH FEBRUARY 2011. P.C. The learned Advocate appearing for the Defendant No.6 states that the Defendant No.6 has not made any application for amalgamation of the Suit plot with any other adjoining plot. He further states that if the Defendant No.6 intends to make any such application, the Defendant No.6, before making such application shall in writing give 15 days clear notice to the Advocate for the Plaintiffs and also to the Plaintiffs inter-alia setting out the particulars of the plot with which they intend to amalgamate the Suit plot, to enable the Plaintiffs to move this Court for necessary reliefs, if they so desire. The statement made by the learned Advocate for 2 nms-1-s-2618-06 the Defendant No.6 is accepted as an undertaking given to this Court by the Defendant No.6. 2. In view of the above, the Plaintiffs do not press for any other relief in the Notice of Motion and the Notice of Motion stands disposed of. It is clarified that the above order is passed without going into the merits of the Notice of Motion and without prejudice to the rights and contentions of the parties to take out appropriate proceedings at any stage. [ S.J. KATHAWALLA, J. ]