: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 NOTICE NOTICE NOTICE OF MOTION NO. 1103 OF 2009 OF MOTION NO. 1103 OF 2009 OF MOTION NO. 1103 OF 2009 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 3555 OF 2008 OF MOTION NO. 3555 OF 2008 OF MOTION NO. 3555 OF 2008 IN IN IN MISC. MISC. MISC. PETITION NO. 22 OF 1999 PETITION NO. 22 OF 1999 PETITION NO. 22 OF 1999 Menaka B. Bhatia. ... Petitioner. V/s. Bhagwan D. Boral & Anr. ... Respondents. Mr. Jaydeep Mitra i/b. G. Fozdar for the Petitioner. Mr. Kherawala i/b. R.K. Associates for Respondent 1. Mr. N.D. Boral Respondent No.2 present in person. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 24TH 24TH 24TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . The Application is made for urgent ad-interim relief as it is stated that the matter is time bound and therefore, sale has to be concluded before the stipulated date. 2. The grievance of Mr. Kherawala is that the Petitioner has failed to deposit the sum, as per her share of costs and expenses, for issuing an advertisement and obtaining a Valuation Report, whereas both Respondents have deposited their respective share. A sum of Rs.40,000/- is lying with the Officer but he is unable to proceed for want of co-operation from the Petitioner. 3. After taking instructions from her, Mr. Mitra, learned Advocate states that she will deposit her share of Rs.20,000/- within a period of four weeks from today. :2: Statement is accepted. 4. All parties to co-operate with the Officer to determine the terms and conditions of the sale. Needless to state that if they do not co-operate, then the terms as determined by the concerned officer will be binding on all parties. 5. The valuation has also to be obtained and if any further charges/costs are required to be paid, parties agree that the same may be incurred from the available funds and they will also deposit further sums as directed by the Officer. They agree that the Officer can appoint a Valuer. 6. Time to complete the sale stands extended till 27th April 2009. 7. The documents of title need to be handed over to the Officer to proceed and sell the property and it is stated that they are lying with the Society. The Society to hand over the Share Certificate and such other documents, on the Officer forwarding an authenticated copy of this order. 8. The Notice of Motion is disposed off accordingly. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)