ASN 1 NMS-3645.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3645 OF 2011 IN APPEAL NO.740 OF 2011 Krishnakumar Mishtra and anr. ...Appellants. Vs. M/s. Sun Shine Realtors Pvt. Ltd. and ors. ..Respondents. Mr. Zubin Bhevan Kamdin with Sour Sinha i/by Vimal & Co. for Appellant. Mr. Rajiv Narula i/by Jhangiani Narula Associates for Respondent No.1. CORAM : MOHIT S. SHAH, C. J. AND SMT. ROSHAN DALVI, J. DATE : 20 DECEMBER 2011 PC: Respondent No.1 has taken out this Notice of Motion No. 3645 of 2011 for appointment of Court Receiver with all powers under Order XL Rule 1 of the Code of Civil Procedure including the power to take forcible physical possession with the assistance of the police, if necessary, for removing the appellants from Shop No. A-1 i.e. suit premises for the purpose of demolition of the old building and construction of the new building. 2 The appeal filed by the appellants bearing No.740/2011 was dismissed by our order dated 18 October 2011 after hearing the learned counsel for the parties at length and after stipulating certain safeguards to ASN 2 NMS-3645.sxw ensure that appellants and respondent Nos. 3 and 4 will get permanent alternate accommodation in the new building which the respondent No. 1-Developer will put up on the land in question after demolition of the present building. The order also referred to a statement of the learned counsel for the Developer made before the learned Trial Judge undertaking to provide security in respect of Office No.601. The learned counsel for respondent No.1-Developer states that the respondents Nos. 3 and 4 have vacated the premises but the appellants have not vacated the premises within stipulated time limit and hence this notice of motion. 4 The learned counsel for the appellants submits that Office No.601 has already been given as security to other shop owners and therefore, so called security offered by the developer is of no consequence. 4 The learned counsel for respondent No.1-Developer states that Office No.601 is worth about Rs.3/- Crores and the cost of the shop to be provided to four other parties in whose favour Office No.601 is given as security is hardly about Rs.40/- lacs and therefore, the security of Office No.601 is still available to the appellants but over and above that security, respondent No.1 undertakes to deposit a sum of Rs.10/- lacs by way of further security in favour of the appellants. It is submitted that this statement is made without prejudice to the rights and contentions of the Developer and that the amount will be deposited with the Prothonotary & Sr. Master of this Court within one week from today. The learned counsel for the Developer states that the Municipal ASN 3 NMS-3645.sxw Corporation has also issued IOD and as soon as the commencement certificate will be received, the respondent No.1 will show the same to the appellants. 5 In view of the above statement, we direct that upon respondent No.1-Developer depositing a sum of Rs.10/- lacs as aforesaid, the Receiver of this Court shall be appointed as Receiver of the suit shop with a direction to take over possession and to handover the possession of the shop to respondent No.1-Developer for demolition. In the mean time, it will be open to the appellants and respondent Nos. 3 and 4 to enter into development agreement with respondent No.1. 6 Notice of motion is allowed in the aforesaid terms. CHIEF JUSTICE ( SMT. ROSHAN DALVI, J. )