FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1420 OF 2007 IN SUIT NO.9 OF 1993 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.SJaykar i/b M/s M.V.Jayakar & Co for the plaintiffs. Mr Pankaj Sutar with Mr Aniket Nair i/b Khaytan & Jaykar for the applicant. Mr C.D.Patel, for defendant nos 1 to 3. Ms Neeta Solanki i/b Kiran Jain for the applicant in Chamber Summons No.1163 of 2007. CORAM: D.B.Bhosale,J. DATED: 28.04.2008 P.C.: Heard learned counsel for the parties. This Chamber Summons is taken out by defendant no.4. Learned counsel for defendant no.4 submits that he has instructions not to press prayer (b) in the Motion. His statement is accepted. Prayers (a), (c) and (d) read thus: (a) That this Hon’ble Court may be pleased to take on file the undertaking by the respondent nos 1 to 3 in terms of Exhibit"A" to the Affidavit in support of the Chamber Summons as filed by the Defendant no.4 and the undertaking by respondent no.4 as filed in court. (c) That this Hon’ble Court may be pleased to direct the plaitniffs to carry out the amednments as per the Schedule annexed thereto. (d) That the Committee of Receivers be directed to give possession of Flat Nos 51 and 52 on the 5th floor of Om Sadan Building to the respondents Nos.1 to 3 as and when the same is ready for occupation upon Respondent Nos 1 to 3 making payment of the Tamp Duty and registering the Agreements with the Sub-Registrar of Assurances." He submits that respondent nos 1 to 3 shall file an undertaking, as stated in prayer clause (a), within two weeks from today. His statement is accepted. By consent, the Chamber Summons is made absolute in terms of prayer clauses (a),(c) and (d) subject to respondent nos 1 to 3 filing an undertaking, as mentioned in prayer clause (a), within a period of two weeks from today. If they fail to file the undertaking, as stated above, this Chamber Summons shall stand dismissed for nonprosecution without further reference to the Court. The plaintiff to carry out the amendment within four weeks after filing of the undertaking by respondent nos 1 to 3. By consent, respondent nos 1 to 3 are allowed to be joined as plaintiffs in the suit. The Chamber Summons is disposed of. (D.B.Bhosale, J.)