1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3224 OF 2008 IN SUIT NO.1161 OF 1989 Pan India Paryatan Ltd. .. Plaintiff Versus State of Maharashtra and Ors. .. Defendants Mr.Prakash Shah i/b. PDS Legal for plaintiff Mr.P.G.Lad, A.G.P. For defendant Nos. 1 and 2 Ms.Asmita Sali i/b. M/s.Khaitan and Jayakar for defendant Nos. 3, 10, 11 and 12. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th August 2009. P.C.: 1] Mr.Shah appears in support and states that the prayer is for discharge of Court Receiver and handing over possession of the suit premises to the plaintiff for the reasons that are set out in the affidavit in support. 2] However, there is subsequent development inasmuch as in a Public Interest Litigation, this Court has set aside the order dated 29th April 1997 1 of the Minister for Revenue, Government of Maharashtra but the judgement in the said PIL has been stayed to enable the plaintiff to apply for special leave in the Supreme Court. Mr.Shah, therefore, submits that liberty be granted to plaintiff to revive the request in the present notice of motion, after disposal of the Supreme Court proceedings. 3] Presently, the request is based on the Minister’s order which is set aside. Therefore, allowing the plaintiff to press this motion would not be permissible but plaintiff’s interest can be sufficiently protected by directing that disposal of this motion will not prevent the plaintiff from reviving the request made for discharge of Court Receiver and for possession of the suit property in future and after disposal of the Supreme Court proceedings. 4] Keeping open the said request and all contentions of parties in that behalf, present notice of motion is disposed of, subject to the directions and liberty aforesaid. No costs. (S.C.DHARMADHIKARI, J)