: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.534 OF 2008 WITH CIVIL APPLICATION NO.610 OF 2008 IN NOTICE OF MOTION NO.611 OF 2008 IN S.C.SUIT NO.4191 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.A.V. Chatuphale for the Appellants. Mr.Milind Shewale i/b M/s.Ghanekar & Co. for the Respondent. Mrs.Geeta Joglekar for the B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 16TH JUNE, 2008. P.C. : 1. The impugned order warrants no interference. Out of 74 members, 61 members have taken possession. The eligibility of 5 members is pending scrutiny. There is a suit filed in respect of one tenement. The present Appellants are therefore only 8 members. : 2 : 2. The 8 members refused to take possession on the ground that the occupation certificate has not been issued and on the ground that the possession has not been routed through the appropriate authority. 3. To say the least, at interim stage, no reliefs can be granted in favour of the Appellants. The occupation certificate is on record. It is made subject to the developer complying with certain requisitions. This however does not prevent the tenements being occupied. To leave no manner of doubt, notice was issued to the Bombay Municipal Corporation to clarify this position. Mrs.Joglekar, the learned counsel appearing on behalf of the B.M.C. pursuant to the request of the Court contained in the order dated 11.6.2008, has also confirmed the same. There is thus no legal impediment to the occupants occupying the flats. 4. Despite the same, the 8 members : 3 : refused to take possession of their tenements. In these circumstances, it is not possible to order the Respondent to continue paying the amounts every month in lieu of the alternate accommodation. 5. Mr.Shewale, the learned counsel appearing on behalf of the Respondent states that in the event of the 8 persons complying with all the requirements, they will be given possession of their respective tenements. 6. In the circumstances, the Appeal from Order is dismissed. 7. The Civil Application is also dismissed.