: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.857 OF 2008 WITH CIVIL APPLICATION NO.1029 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Uday Warunjikar with Mr.Shoaib Memon for the Appellants. Mrs.Geeta Joglekar for the Respondent - B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 14TH NOVEMBER, 2008. P.C. : 1. Admit and heard finally. 2. Mr.Warunjikar, the learned counsel appearing on behalf of the Appellants states that without prejudice to their rights and contentions, the Appellants are willing to pay compensation at the market rate for the use of the said site. The statements and the undertakings are accepted. : 2 : 3. In view thereof, I do not intend at this stage to make any observations on the merits of the rival contentions which would be considered at the hearing of the Notice of Motion pending in the trial Court. If the market compensation is paid, the rights of the Respondent, if any, would be fully protected. 4. In the circumstances, the Appeal from Order is disposed of by the following order :- i). The Appellants shall deposit in the trial Court compensation with effect from today for the use of the suit site at the market rate to be determined by a valuer to be appointed from the panel of the Court Receiver. The costs of the valuer shall in the first instance be paid by the Appellants but shall be subject to the orders in the Notice of Motion. ii). The amounts so determined shall be deposited in the trial Court. It is made clear that the amounts shall be deposited : 3 : upon the valuer determining the amounts forthwith. The parties shall be at liberty to challenge the said amount but the pendency of such challenge shall not be a ground for not depositing the amount so determined. The deposit of the amounts shall be without prejudice to all the rights and contentions of the parties and shall abide by the result of the Notice of Motion or the suit as may be determined. iii). The Appeal from Order and the Civil Application are accordingly disposed of. iv). Although I am normally reluctant to expedite matters before the trial Courts in view of the nature of the matter and also in view of the fact that several similar matters are likely to come up for consideration, I am inclined to request the lower Court to dispose of the Notice of Motion as expeditiously as possibly