IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.469 OF 2008 OF MOTION NO.469 OF 2008 OF MOTION NO.469 OF 2008 IN IN IN SUIT SUIT SUIT NO.4007 OF 1993 NO.4007 OF 1993 NO.4007 OF 1993 Bhimchhaya Co-op. Hsg. Society ... Plaintiffs Ltd. & ors. Vs. M/s F.K. Construction & Ors. ... Defendants Mr. M.P. Vashi i/by M/s M.P. Vashi & Associates for the Plaintiffs. None for Defendants CORAM CORAM CORAM : S.J. VAZIFDAR : S.J. VAZIFDAR : S.J. VAZIFDAR, J. DATE DATE DATE : 15TH JULY, 2008 : 15TH JULY, 2008 : 15TH JULY, 2008 P.C. P.C. P.C. :- :- :- 1. The reliefs in this Notice of Motion for forcible possession of the suit flats was sought by earlier Notice of Motion No.821 of 2002. The reliefs were rejected inter-alia in view of earlier order passed by this Court on 2nd August, 1995. In the circumstances, the reliefs for forcible possession are rejected. 2. Mr. Vashi submitted that this Notice of Motion was taken out in view of the fact that Respondent Nos. 3 to 24 are not co-operating with 2 the Court Receiver. In that event, the remedy is to take action against such persons by way of Receiver’s report or otherwise. 3. The hearing of the suit is expedited. Liberty to the Plaintiffs to make an application for recording of evidence on Commission.