- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi NOTICE OF MOTION NO.4409 OF 2007 IN SUIT NO.2573 OF 1994. Ranjitsingh P. Gaekwad. ..Plaintiff. vs. Dr.(Mrs.) Mrunalinidevi Puar & Ors. ..Defendants. .... Mr.A.L. Thakkar, a/w. Mr.Dipesh Siroya, i/b. M/s.Thakkar & Co., for Plaintiff. Mr. Farhan Dubhash with Ms. Mehernaaz Wadia, i/b. Hariani & Co., for Defendant No.2. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 8TH MAY, 2009 : 8TH MAY, 2009 : 8TH MAY, 2009. P.C.: P.C.: P.C.: . By consent of the parties, the notice of motion is taken up for final hearing and the following order is passed, which shall be without prejudice to the rights and contentions of the parties in the suit :- (1) The defendant no.2 shall carry out the work as set out in Exhibit-A to the Affidavit in support of the Notice of Motion dated 23rd November 2007 through M/s.Painterior (India) entirely at their risk and costs and without claiming any equity or rights on the ground that the said work is/was carried out at their costs. (2) The work carried out by M/s. Painterior - 2 - (India) shall be in accordance with the permissions obtained from the Municipal Corporation and shall not be in violation of any Municipal Laws or any other statutory requirements. (3) The work carried out by M/s. Painterior (India) shall be supervised by M/s. N.N. Shrikhande & Co., who shall visit the suit premises once a month, for which the defendant no.2 shall pay a fee of Rs.3,000/- per visit. If the said M/s. N.N. Shrikhande & Co. are at any point of time of the view that the work carried out by M/s. Painterior is not in accordance with their proposal dated 14th February 2006, i.e. Exhibit-A to the Affidavit in support of the Notice of Motion, or is in breach of any law or statutory requirements, they shall forthwith inform about the same to the Court Receiver. The Court Receiver in turn shall forthwith seek an explanation from M/s. Painterior (India) and/ or defendant no.2 and refer the matter to the Court for directions, if the same is not amicably settled within 7 days from the objections raised by M/s. N.N. Shrikhande & Co., (4) If during the execution of the said work by - 3 - M/s. Painterior (India), the plaintiff has any complaints qua the said work, more particularly the said work affecting any portion under the occupation of the plaintiffs, the plaintiffs shall draw the attention of the Court Receiver as well as M/s. Painterior (India) to such complaint, and if the same is not resolved within 7 days from the date of such complaint raised by the plaintiff, the Court Receiver shall place his report before the Court seeking appropriate directions/orders. (5) The plaintiffs as well as the defendant no.2 are at liberty to carry out any work pertaining to the interiors of the premises under their respective occupation. However, the plaintiffs as well as the defendant no.2 shall not carry out any structural alterations from inside or outside the said building and/or make use of any available FSI. (6) Liberty to the parties to apply to the Court for any further clarifications/directions. 2. In view of the above, the notice of motion stands disposed of. Court Receiver to act upon an authenticated copy of this order. - 4 - [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]