IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.423 OF 2007 IN SUIT NO.243 OF 2007 Sheth Developers Pvt.Ltd. ....Plaintiff V/s. Jigesh J. Shah & Anr. ....Defendants Mr.S.B. Prabhavalkar i/bMr.M.P. Mhatre for the Plaintiff. Mr.N.R. Gandhi for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 11TH AUGUST, 2009. P.C. :- 1. Mr.Gandhi, the learned counsel appearing on behalf of the Defendants states that they themselves are residing in the suit flat. They agree and undertake not to dispose of, alienate, encumber, part with possession of the suit flat or to create any third party right, title and/or interest in, to, upon or in respect of the same. The Defendants further agree and undertake to pay all the outgoings and taxes in respect of the suit flat. The same shall be without prejudice to all the rights and contentions of all the parties. The undertakings are accepted. 2. In view of the above, no further interim reliefs are prayed for by the Plaintiff at this stage. 3. The Notice of Motion is accordingly disposed of.