FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.758 OF 2008 IN SUIT NO.1365 OF 2000 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr S.V.Masurkar, for the applicant in NMS 758/08. Mr H.D’Souza, for the plaintiff. Ms Ambekar, representative of Court Receiver present. CORAM: D.B.Bhosale,J. DATED: 20.06.2008. P.C.: Heard learned counsel for the parties. This Notice of Motion is taken out by the applicants-society for the following reliefs:- (a) The applicant prays that this Hon’ble Court may be pleased to set aside the order dated 24.4.2001 passed by this Hon’ble Court i Notice of Motion No.949 of 2001 in the above suit; or In the alternative (b) the applicants be allowed to proceed with the redevelopment of Navankur Cooperative Housing Society, Building No.358D, Gangaram Khatri Wadi Thakurdwar, near Thakurdwar Post Office, Mumbai-400 002 by demolishing the existing building no.358D of said Navankur CHS Ltd,including the suit premises, viz Room no.10, Navankur Cooperative Housing Society Ltd, Building no.358D, Gangaram Khatri wadi thakurdwar, Near Thakurdwar, near Thakurdwar Post Office, Mumbai-40 002 and constructing thereon new building under redevelopment project on such terms and conditions as this Hon’ble Court deems fit and proper." This Court, vide order dated 24.4.2001, had appointed the Court Receiver as a Receiver of Room no.10 in Building no.358-B, Navankar Co-operative Housing Society Ltd, situated at Gangaram Khatriwadi Thakurdwar, Mumbai, ("said room", for short) and he was directed to take actual and physical possession of the said room after 12 weeks from the date of the order and then to proceed to call bids from the intending purchasers for sale of the rights of the parties in the said room. Till this date, the Court Receiver has not taken possession of the said room. This court is informed that the building, of which the said room forms a part, has partly been collapsed and all the occupants including the plaintiff in the said building have vacated their rooms. This has not been disputed either by the plaintiff, who is present in-person, or by the learned counsel for the defendants. The applicant-society has filed this application seeking permission to redevelop the property. I perused the affidavit in support of the motion and the other material placed before me including the order dated 24.4.2001. Admittedly, as of today, the said room is lying vacant. According to the society, the plaintiff was in possession when the building was vacated by all the occupants. Keeping that in view and considering overall facts and circumstances of the case and more particularly the order dated 24.4.2001, I am satisfied that the following order shall meet the ends of justice. The Court Receiver shall proceed to take formal possession of the said room within four weeks from today and shall hand it over to the society by following the due procedure, within two weeks therefrom. The society, after taking possession of the said room, is allowed to proceed with the redevelopment. After construction of the new building, the society shall hand over possession of a room in lieu of the said room in the existing building to the Court Receiver within four weeks from the date of issuance of occupation certificate. The society, under any circumstances, shall not create any third party rights in the said room either before or after the occupation certificate is issued by the Corporation. After taking possession of the premises in the newly constructed building in lieu of the said room, the Court Receiver to file a report seeking appropriate directions within four weeks therefrom. The society shall submit to the Court Receiver a copy of the plans approved by the Corporation of the new building indicating a room/flat earmarked in lieu of the said room within four weeks from the date the plans are sanctioned. The applicant society shall also furnish a copy of the sanctioned plans to the advocates on record for the parties within four weeks from the date the plans are sanctioned by the corporation. With these directions, the Motion is disposed of. (D.B.Bhosale, J.)