:1: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT : APPEAL FROM ORDER NO.366 OF 2008 --------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s orders orders or directions and Registrar’s orders --------------------------------------------------------------------- Mr.L.M.Acharya i/b.Mr.Manoj Mhambrey for the Appellant. Mr.Vinod C. Sampat for Respondent No.8. CORAM : S.J.VAZIFDAR, J. DATED : 16TH APRIL, 2008 P.C : P.C : P.C : The impugned order in any event operated only prospectively i.e. from the date of the order. 2. The observation that Defendant No.1 had not disclosed that he had sold any parking spaces to any of the members, is not warranted. Admittedly, the matter was on board only for service. The Notice of Motion was however finally disposed of by the impugned order which ought :2: not to have been done. 3. In the circumstances, the following order is passed :- i) The impugned order is set aside. ii) The Appellant shall file an affidavit within four weeks from today, giving the details of the agreements entered into in respect of the car parking spaces upto and inclusive of the date 10.3.2008. iii) The Appellant shall be at liberty to dispose of the balance car parking spaces. The allottees/purchasers however shall be informed about the pendency of the present litigation and that the sales in their favour shall be subject to the final orders in the Notice of Motion which shall be heard. It is however, clarified :3: that this shall not apply to the sales effected prior to 10.3.2008. 4. At the request of the learned counsel appearing on behalf of the Respondents, no further reasons are given for this order. 5. Appeal from Order is disposed of accordingly.