1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2977 OF 2008 IN SUIT NO.3336 OF 1990. Subhashchandra Dashrath Ranshinge : Plaintiff versus Suresh Liladhar Patwa : Defendant. Shri Simil Purohit i/by Shroff & Co. for the Applicant/Plaintiff. Shri. A.G. Pandit for the Defendant. CORAM : R.M.SAVANT, J. DATED : OCTOBER 24, 2008 P.C. 1. The above Notice of Motion has been filed by the Applicant/Plaintiff inter alia for the following reliefs :- (a) that this Hon'ble Court be pleased to restrain the Defendant from executing any agreement/writing and/or document or papers supporting the re-development of the building known as Vastu Shilpa Co-operative Housing 2 Society Limited, wherein the suit flat No.B/38 is situated; (b) that the Defendant be restrained by an order and injunction of this Hon'ble Court from accepting and/or receiving any monetary compensation from the developer in respect of the suit flat. 2. The reliefs sought are on the basis of an apprehension that the Defendant would enter into a development agreement with the builder which agreement would cover the flat occupied by the Plaintiff. 3. On behalf of the Defendant two Affidavits in Reply have been filed, however, Affidavit dated 25th September 2008 is material wherein in Paragraphs 2 and 3 it is averred thus :- “2. I say that the notice dated 1st March, 2008 which is an Exhibit-F to the Affidavit in support of the Notice of Motion was not received by me and I also did not attend the said Special General Body meeting on 16th March, 2008. Really speaking I am therefore not aware as to whether 3 such meeting was held on 16th March, 2008 or not? I am also not aware what was decided in the said meeting. I further say that no office bearer of Vasthushilp Co-operating Housing Society Ltd., approached me in the matter of the alleged re- development of the Society and even no builder/developer has approached me on behalf of the Society in the matter of re-development of the Society. I am still not aware exactly as to what happened with regard to the re-development of the Society. 3. I have no executed any agreement either with the builder/developer or with the said Society with regard to the re-development of the Society. I have also not surrendered my rights of membership either to the Society or to the developer/builder and I still continue to be a member of the said Society. I have therefore no personal knowledge about at what stage the so called re-development proposal is pending.” 4. Shri A.G. Pandit, the learned counsel for the Defendant further states that in the event if any proposal is mooted by the 4 Society in respect of the re-development of the property, the same would be communicated to the Plaintiff within one week of receiving such proposal. On the basis of the said statement made by Shri A.G. Pandit, the learned counsel for the Defendant, the above Notice of Motion is disposed of with liberty to the Applicant/Plaintiff to file a fresh application, if the occasion arises in future. [R.M.SAVANT, J]