: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.286 OF 2009 Mulund Vijay Vilas CHS Ltd. ....Petitioner V/s. State of Maharashtra & Ors. ....Respondents Mr.Aniruddh Joshi i/b Nivit Srivastava for the Petitioner. Mr.Bharat Mehta, A.G.P. for Respondent Nos.1, 4 and 6. Mr.G.S. Bhat for Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATED : 23RD MARCH, 2009. P.C. : 1. The impugned order warrants no interference although admittedly there were certain lapses while making the application for transferring the share certificate to the name of Respondent No.2 from Respondent No.3. Mr.Bhat, the learned counsel appearing on behalf of Respondent No.2 on instruction states that unless the society grants permission/its no objection earlier, the commercial activity presently being carried on from the premises will be stopped on or before 30.6.2009. Respondent No.2 is present in Court undertakes to do so as well. Respondent No.2 further undertakes not to create any leave and licence agreement or any other rights in : 2 : respect of third parties except in accordance with law and in accordance with the bye-laws of the society and after obtaining the permission of the society, if it is so required. The undertakings are accepted. 2. It is made clear that the mere transfer of the name of Respondent No.3 in the share certificate will not conclude the disputes between Respondent Nos.2 and 3. That will be subject to any proceedings that Respondent No.2 or Respondent No.3 may adopt in respect of the said premises or the shares in respect thereof. 3. Further the transfer of the share certificate in the name of Respondent 3 shall be subject to Respondent No.2 and/or his agents, representatives, assignees ceasing to use the premises for commercial purposes. In the event of the same not being done, liberty to the Petitioner to apply. Till the same is done, Respondent No.2 shall not dispose of, alienate, encumber, part with possession of or create any third party right, title and/or interest in respect of the suit premises or the said share certificate without the consent of the Petitioner.