1 NM-2282 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.2282 of 2010 IN Court Receiver s Report No.238 of 2008 IN Suit No.1605 of 2001 Dr.Manjuladevi Mistry & ors. ... Plaintiffs v/s. Subhadra S. Mistry & ors. ... Defendants And The Malabar Apartments Co-op.Hsg. Sco.Ltd. ... ... Respondent Mr.Gaurav Joshi with Mr.Ashish Kamat i/by RMG Law Asso. for Plffs. Ms.J.M. Sidhwa i/by Manoj Bhatt for Deft.No.2. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 21st February 2011 P.C. : 1.In a suit of 2001, when several orders and case management directions have been passed in 2010, the Plaintiffs apply for reliefs for payment of maintenance and for giving out the property on licence to the agent of the Receiver. The ambit of the suit is extremely narrow. Only one issue essentially is required to be tried. The issues have been framed since 15th April 2010. Case management directions have been passed on 2 NM-2282 that day. The directions have not been complied. If the directions were complied, the suit itself could have been heard by now. No reliefs, as prayed for, need be granted at such a late stage. The suit is required to proceed as directed on 15th April 2010. 2.Defendant Nos.1(a) to 1(c) and Defendant No.2 have the right to begin. They are directed to file their affidavit of examination-in-chief within four weeks of the date of the directions which was 15th April 2010. The affidavit of examination-in-chief is still not filed. Their defence requires to be struck off. 3.Defendant Nos.1(a) to 1(c) and Defendant No.2 are given one last opportunity to comply with the directions passed on 15th April 2010 within four weeks from today. If the directions are not complied, their defence shall stand struck off. 4.There shall be no other order on the Notice of Motion. No order as to costs. 5.Suit shall be placed on board on 28th March 2011 for passing ex-parte decree, if the affidavit of examination-in-chief of the aforesaid Defendants is not filed. (SMT.ROSHAN DALVI, J.) 3 NM-2282