: 1 : nms-3477-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3477 OF 2010 IN NOTICE OF MOTION NO. 2566 OF 2008 IN SUIT NO. 5387 OF 1999 Smt. Veena Prafulchandra Dalal .. Plaintiff v/s. Jitendra Pannalal & Anr. .. Defendants ......... Ms. Francisca Philip for the plaintiff Ms. J.A. Sarkhot i/b R.V. Govilkar for defendant no.1A in support of NMS. ......... CORAM : R.Y.GANOO, J. DATE : 8th DECEMBER, 2010 P.C. : 1. Learned Counsel appearing for the plaintiff waives service of the motion. This motion is not served upon defendant no.2. Looking to the prayers involved in the matter and the other record, presence of defendant no.2 is not required to dispose of this motion. 2. Receiver’s representative is present in the Court. He informs the Court that today Receiver’s staff was to approach the premises for the : 2 : nms-3477-10=.sxw purposes of taking formal possession from defendant no.1A. 3. Perused the concerned record. Receiver has to take formal possession. Learned Counsel for defendant no.1A states that the premises are in possession of defendant no.1A. In view of this, Receiver’s representative shall visit the suit premises on 13th December, 2010 between 11.00 a.m. to 5.00 p.m. and complete the job of taking formal possession as mentioned in the order dated 6th July, 2009. Defendant no.1 shall co-operate with the Receiver for the purposes of fixing the terms of the agency agreement. Learned Counsel for defendant no.1 states before this Court that job of executing usual agency agreement and undertakings etc. shall be completed by defendant no.1 on or before 7th January, 2011. Statement made by learned Counsel for defendant no.1 is accepted. Motion stands disposed of in view of the above terms with no order as to costs. (R.Y.GANOO, J.)