1 NMS2864.08+2 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 2864 OF 2008 ALONG WITH NOTICE OF MOTION NO. 462 OF 2011 AND NOTICE OF MOTION NO.1301 OF 2010 IN SUIT NO. 2502 OF 2008 Dinesh A. Thakkar & anr. ... Plaintiffs v/s Wilson Anthon Vaithy & ors. ... Defendants Mr.Niranjan Pandit a/with Mr.Snehal Shah and N.P.Voza i/by Pramod Kumar & Co. for the plaintiffs. Mr.Amit Jamsandekar i/by R.N.Kacharu for defendant Nos.1 to 20. Mr.Nitin Thakkar a/with Ms.Alpana Ghone and Cyrus Ardhesir i/by G.S.Mohanty for defendant Nos.21 to 26. CORAM: S.J.KATHAWALLA, J. DATED: 19TH APRIL, 2011 P.C.: 1. The following order is passed by consent of the parties: (i) The plaintiffs shall deposit an amount of Rs. 2 NMS2864.08+2 2,88,00,000/- with the Prothonotary & Senior Master on or before 16th August, 2011. The said deposit shall be subject to the final outcome in the suit. (ii) Pending the hearing and final disposal of the suit, the plaintiffs shall not sell, dispose of, alienate, encumber, part with possession and/or create third party rights in respect of the suit property. (iii) Pending the hearing and final disposal of the suit, the defendants shall not act upon Exhibits S, S-1 and S-2 to the plaint, in any manner whatsoever. (iv) The parties therefore agree that, pending the hearing and final disposal of the suit, they shall maintain status-quo in respect of the suit property as of date. (v) The plaintiffs undertake not to seek any extension of time for depositing the said amount of Rs.2,88,00,000/- beyond the period agreed herein, which undertaking is accepted. Parties also agree that in the event of failure on the part of the plaintiffs to deposit the said amount, the notice of motion taken out by the plaintiffs shall stand dismissed without further reference to this Court. 3 NMS2864.08+2 2. Hearing of the suit and the counter-claim is expedited. 3. This order is passed without going into the merits of the case and is without prejudice to all the rights and contentions of the parties. 4. Since the parties have filed their respective written statement/counter-claim, place the matter for framing of issues on 4.5.2011. 5. In view of the above order, the Notice of Motion Nos. 462 of 2011 and 1301 of 2010 stand disposed of. (S.J.KATHAWALLA, J.) 4 NMS2864.08+2