FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3058 OF 2006 IN SUIT NO.1227 OF 2006 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr N.M.Sakhardande with Mr P.H.Dharmadhikari i/b Mrs S.S.Wagh,for the plaintiff. Mr Phiroze Palkhiwala with Rajmani Varma i/b M/s Navdeep Vora & Associates for defendant nos 1 to 5 CORAM: D.B.Bhosale,J. DATED: 17.06.2008. P.C.: This Notice of Motion is taken out by the plaintiff for the following reliefs: (a) For appointment of Court Receiver, High Court, Bombay, pending the hearing and the final disposal of the above suit, in respect of the suit property/suit premises being Shed/Godown and the portion of the land surrounding the said Shed/Godown situate at plot no.11, Gamadia Colony Tardeo Mumbai 400007 shown on the sketch at Exhibit "A" to the plaint hatched in red colour admeasuring 1500 square feet with further directions to the Court Receiver to appoint the plaintiff as his agent in respect thereof without security and/or royalty; (b) Pending the hearing and the final disposal of the above suit the defendant nos 1 to 5 be directed by mandatory order of this Hon’ble Court to restore to the plaintiff the possession of the suit premises being a Shed/Godown situate at plot no.11, Gamadia Colony Tardeo Mumbai 400 007 shown on the sketch at Exhibit "A" to the plaint hatched in red colour admeasuring 1500 square feet (c) For a temporary injunction of this Honourable Court pending the hearing and final disposal of the above suit restraining the defendants, their agents and servants from carrying on construction in the suit premises being Shed/Godown and the portion of the land surrounding the said Shed/Godown, situate at plot no.11, Gamadia Colony Tardeo Mumbai 400 007 shown on the sketch at Exhibit "A" to the plaint hatched in red colour admeasuring 1500 square feet and/or preventing the plaintiff’s entry to the suit premises without the due process of law." I have heard learned counsel for the parties for quite some time and they have fairly stated that I need not record reasons for disposing of this motion and they have agreed for the following order. Defendant nos.1 to 5 shall have a liberty to develop the property, however, they shall keep one flat, admeasuring 525 sq.ft (carpet area) vacant in the newly constructed building till disposal of the suit. The defendants to file an undertaking to that effect in this court within a period of four weeks from today with an advance copy thereof to the advocate for the plaintiff. The defendants shall not induct any third party in the said flat without permission of this court till disposal of the suit. The defendants shall also place on record the particulars of the flat to be kept vacant after the plans are sanctioned and the commencement certificate is issued by the competent authority. The order of status-quo/ad-interim order stands vacated. This order is passed without prejudice to the rights and contentions of both sides and all contentions on merits are kept open. The Motion is disposed of. (D.B.Bhosale, J.)