IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2892 OF 2008 IN SUIT NO.1124 OF 2006 ALONG WITH NOTICE OF MOTION NO.4030 OF 2008 IN NOTICE OF MOTION NO.1287 OF 2006 IN SUIT NO.1124 OF 2006 Atul V. Kantharia & Anr. ..... Plaintiffs V/s. Jayshree Haydev Bhatt & Ors. .... Defendants Mr.Shailesh Thakkar, for the plaintiffs Mr.P.S.Shah, for defendant No.3 in support of NM No.2892 of 2008 Mr.M.P.Vashi, for defendant Nos.1 & 2. CORAM: R.Y.GANOO, J. DATED: 06th FEBRUARY, 2009. P.C. 1. The learned counsels appearing before the Court today, informed the Court that the plaintiffs, defendant No.2 for himself and as constituted attorney of defendant No.1, director of defendant No.3 Mr.Prakash Barot, are present in the Court. 2. The aforesaid notices of motions have been taken out by defendant No.3 for interim reliefs as set out in the two respective notices of motions. Parties to both these notices of motions i.e. plaintiffs, defendant Nos.1 & 2 and defendant No.3 have arrived at certain terms and those terms are reflected in the Minutes of the Order dated today i.e. 06-02-2009. The said Minutes of Order are signed by both the plaintiffs, defendant No.2 for himself and as constituted attorney of defendant No.2 and Mr.Prakash Barot, Director of defendant No.3 and the respective Advocates for the plaintiffs, defendant Nos.1 & 2 and defendant No.3. The learned counsels affirmed that the parties have signed in their presence. The learned counsels as mentioned above, prayed for an order in terms of the Minutes of the Order. In view of the above, I pass the following order. : O R D E R : 1. There shall be an order in terms of Minutes of Order dated 06-02-2009, which is mentioned above. 2. In view of this, both these notices of motions stand disposed of in terms of the Minutes of the Order. The learned counsel Mr.Vashi, upon instructions, makes a statement that he shall vacate suit flat No.21 of the old building in regard to which this suit came to be filed, on or before 27-02-2009. The learned counsel for defendant No.3 undertakes to this Court that the representatives of defendant No.3 shall arrange to hand over vacant and peaceful possession of Flat No.601, referred to in Clause (1) of the Minutes of the Order, on or before 07-02-2009. Undertakings mentioned in the Minutes of the Order by the respective sides are accepted. At this stage, the learned counsel for the plaintiffs, states that the plaintiffs be granted liberty to carry out amendments in the plaint, as the dispute will now revolve in regard to the Flat No.601, as the old premises i.e. Flat No.21 will be demolished after defendant Nos.1 & 2 shift to Flat No.601 being newly constructed flat. Liberty is granted to the plaintiffs to carry out necessary amendments after they will tender draft amendment and obtain necessary orders from the Court. Suit set down for directions on 04-03-2009. ( R.Y.GANOO, J. )