:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 3995 OF 2008 IN GUARDIAN PETITION NO. 144 OF 2007 Ms. Dhara Mayuresh Katira ..Petitioner Vs. Dr. Anees Ahmed Shafique Ahmad Shaikh and ors. ..Respondents Mr. Suneel Mogre for petitioner. Mr. M.M. Vashi for respondents in support of N/M. CORAM: S.C. DHARMADHIKARI, J. CORAM: S.C. DHARMADHIKARI, J. CORAM: S.C. DHARMADHIKARI, J. Date : December 11, 2008. Date : December 11, 2008. Date : December 11, 2008. P.C.: P.C.: P.C.: 1. This is a motion for seeking extension of time. 2. Second respondent who is moving the motion does not dispute that she has given undertaking to this court to vacate the premises which are more particularly described in prayer clause (a) on or before 14/12/2008. However, it is stated that the premises are being used as Nursing Home and although :2: six months’ time was granted to the 2nd respondent to make other arrangement, she was unable to do so and seeks an extension in the peculiar facts so that some arrangement can be made by the 2nd respondent. It is stated that the 2nd respondent will not seek any further extension as the consent terms are entered into and the undertaking given to this court is dated 6/5/2008. The request is opposed by the original petitioner and my attention is invited to the fact that there are some arrears in respect of the compensation which was directed to be paid. Mr. Vashi, after taking instructions, states that entire amount of compensation as directed in the order of this court is being deposited and if there are arrears, the same would be cleared within a period of four weeks from today. 3. The 2nd respondent is present in court and she states that she is running the Nursing Home and none else is in occupation and possession of the premises nor has she inducted anybody therein. Considering that the premises are to come to the benefit of minors but also balancing the equity, it would be appropriate :3: if one last opportunity is granted to the 2nd respondent to abide by her undertaking given to this court. 4. On the condition that all arrears, if any, are cleared and on further undertaking being furnished within a period of one week from today, the time to vacate under the order of this court stands extended till 31/3/2009. Needless to state that in default of furnishing of the undertaking or clearing of the arrears in the manner directed above, the benefits of this order shall not be available to the 2nd respondent. All consequences thereupon will follow. Motion is disposed of. 5. All concerned to act on an authenticated copy of this order. (S.C. Dharmadhikari, J.) (S.C. Dharmadhikari, J.) (S.C. Dharmadhikari, J.)