1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3 OF 2010 IN SUIT NO. 2962 OF 2005 Pragati Capital & Finance Pvt. Ltd. .. Plaintiff Vs. M/s. R. J. Constructions & Ors. .. Defendants WITH NOTICE OF MOTION NO. 27 OF 2010 IN SUIT NO. 2963 OF 2005 Pragati Capital & Finance Pvt. Ltd. .. Plaintiff Vs. M/s. R. J. Constructions & Ors. .. Defendants WITH NOTICE OF MOTION NO. 28 OF 2010 IN SUIT NO. 3042 OF 2005 Champaklal M. Lakhani & Anr. .. Plaintiffs Vs. M/s. R. J. Constructions & Ors. .. Defendants Mr. Mehul Shah a/w. A. G. Shah for the Plaintiff. Ms. Dipti Panda i/b M/s. Thakore Jariwala & Associates for Applicants in N/M Nos. 27 of 2010 & 28 of 2010. Mr. Pawan Pandey for Applicants in N/M No. 3 of 2010. CORAM : R. V. MORE, J. DATE : 8th January, 2010. 2 P.C. :: COMMON ORDER :: 1. Since the issue involved in all the above three Notice of Motions is one and the same, said Notice of Motions are being disposed of by common order. All the suits are instituted for specific performance of an agreement entered into between the plaintiff and defendant Nos.1 to 5. The defendant No.6 is the occupant of the suit premises. On 25th August, 2006 this Court passed an ad interim order and thereby appointed Court Receiver, High Court, Bombay as the Court Receiver on the suit flats. It was specifically directed that Receiver shall take formal possession and if any third party is found in possession in the suit flats, the Court Receiver shall appoint such third party as his agent but without security and royalty. This order was subsequently confirmed by this Court by passing separate order on 25th June, 2007. 2. The Court Receiver thereafter filed report before this Court. The Receiver was constrained to file report as the occupant of the suit flat failed to execute the agency agreement. Ultimately by an order dated 26th August, 2009 this Court directed that agency agreement shall be executed within the period of six weeks, 3 failing which further steps would be taken by the Court Receiver as per prayer clause (a) in the Court Receiver’s report. This period expired on 07.10.2009. The occupants of Suit flats in Suit Nos. 3042 of 2005 and 2963 of 2005, filed two present notice of motions for extension of time to execute agency agreement. By the order dated 8th October, 2009 this Court passed conditional order and the occupants in these flats were directed to execute agency agreements within the period of six weeks, failing thereof, the Court Receiver was directed to take possession of the suit premises. This period of six weeks granted was expired on 19.11.2009 and now thereafter the present notice of motions are filed by the occupants of the suit flats in Suit Nos. 3042 of 2005 and 2963 of 2005 as well as of the suit flat occupant in Suit No. 2962 of 2005. 3. Learned Counsel appearing for the respective occupants of the suit flats in Suit Nos. 3042 of 2005 and 2963 of 2005 submitted that agency agreements could not be executed because the occupant of suit flat in Suit No. 2963 of 2005 and 3963 of 2005 were out of station, and the occupant of suit flat in Suit No. 3962 of 2005 is staying abroad and he was not aware about the 4 earlier order passed by this Court. 4. The learned Counsel for the plaintiff, per contra submitted that no justifiable cause is given by the applicant and therefore if extension is to be granted, the same should be subject to heavy costs. 5. The Court Receiver’s report discloses that various occupants are occupying the respective suit premises and therefore they are entitled to remain in possession on executing an agency agreements. So far as the occupant of suit flat in Suit No.2963 of 2005 is concerned, I find that a reasonable excuse is made out. However, the occupants in Suit Nos. 3042 of 2005 and 2963 of 2005 are concerned, the reasons are not satisfactory. However, in the interest of justice, I am of the opinion that these occupants can also be given some time to execute the agency agreements subject to payment of costs. In the above facts and circumstances, I dispose of the three Notice of motions by passing the following order :- :: O R D E R :: (1) Time granted to the occupants of the suit premises in 5 respective suits to execute agency agreements as well as undertakings is extended by two weeks from today. (2) The occupants of the suit premises of suit flats in Suit Nos. 3042 of 2005 and 2963 of 2005 each shall pay cost of Rs. 3000/- to the plaintiff. It is made clear that if the agency agreements and undertakings are not executed within time stipulated above the Court Receiver, High Court, Bombay shall forthwith take possession of the suit properties in the aforesaid suits. ( R. V. MORE, J. )