1 nms-979-07-s-736-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 979 OF 2007 IN SUIT NO. 736 OF 2007. Swayamvar Estate Developers Pvt. Ltd. ..Plaintiffs. vs. Pannalal Poddar. ..Defendant. .... Mr. J.P.Sen, i/b. Federal & Rashmikant, for Plaintiffs. Mr. P.K. Dhakepalkar, a/w. Mohanty, i/b. S.K. Srivastav & Co., for Defendant. Mr. Dinkar Rao, Director of Plaintiff, present. Mr. Pannalal Poddar, Defendant, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD MARCH 2011. P.C. The following order is passed by consent of the parties :- (i) The Defendant who is present in Court undertakes to this Court that at present he is not interested in selling, disposing of, alienating, encumbering, creating third party rights, and/or parting with possession of the Suit property. However, if he desires to do so, he shall first give a notice in writing to the Plaintiff as well as his Advocate informing them of his intention to do so and shall not proceed to sell, dispose of, alienate, encumber, create third party rights, and/or part with possession of the Suit property before expiry of a period of five weeks from the date of the Plaintiffs and/or his Advocate receiving the said notice. He shall along with the said notices also forward all the particulars of sale, etc. to the Plaintiffs and their Advocates. The undertaking is accepted. (ii) The Defendant is allowed to proceed with the Suit 2 nms-979-07-s-736-07 filed by him against the Plaintiffs at Small Causes Court, Mumbai. However, if the said Suit is decreed in favour of the Defendant and against the Plaintiffs, the Plaintiffs shall be at liberty to move this Court seeking appropriate orders. 2. The Notice of Motion is accordingly disposed of. Hearing of the Suit is expedited. Since the Defendant has already filed his written statement, place the Suit for framing of issues on 14th March 2011. [ S.J. KATHAWALLA, J. ]