((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1628 OF 2007 Prathamesh Pooja Co-operative Housing Society Limited Petitioner versus The Municipal Corporation of Greater Mumbai and others Respondents Mr.M.V.Chedda for petitioner. Mrs.P.A.Purandhare for respondents 1 to 3. Mr.S.A.Mhatre for respondents 4 to 7. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 21st October 2008 PC : 1. Rule. Heard forthwith. 2. There is an order of 11th August 2008 wherein a statement has been recorded which forms part of affidavit in reply dated 17th March 2008 filed by one Sandip Madhusudan Gaiwal. In paragraph no.2 of the said order it was set out that this statement as an undertaking to this Court was accepted. The petitioner and respondents 4 to 7 have filed Minutes of Undertaking/ undertaking signed by ((-2-)) the petitioners, their advocate as also respondents and their advocate. The same is taken on record and marked "X" for identification. 3. The undertakings contained in the Minutes of the Order are accepted. 4. The payments have to be made on or before 6th June 2008 in terms of the undertaking contained in the Minutes of Order filed before this Court. This Court extended the time for making payments and making compliance of other requirements by order dated 11th August 2008, by four weeks. 5. As of today, respondents 4 to 7 have produced a pay order in the sum of Rs.45 lakhs in favour of respondent no. 1. This is in partial compliance of the minutes of order. 6. Insofar as balance amount is concerned, we grant further time of the respondent nos.4 to 7 of eight weeks from today to make the payments. 7. In the event additional amount is not paid accordingly by the respondent nos.4 to 7, it ((-3-)) will be open to the petitioner society to make the balance payment to respondent no.1 and enforce the undertaking given by the respondents 4 to 7 against the said respondents. Time to comply for payments, if required by the petitioners, to respondent no.1, would be a further period of four weeks on the expiry of eight weeks given to respondents 4 to 7. In the event respondents 4 to 7 do not deposit the amount in terms as set out in the undertaking, the petitioners will no longer be bound by the undertaking to give up the sum of Rs.20,29,200/- and petitioners will be entitled to claim the said amount from respondents 4 to 7. 8. It will be open to the respondents 4 to 7 as well as the petitioner to make payments in instalments but within the time frame as set out in this order. 9. We make it clear that if respondents 4 to 7 or the society fails to make payment, respondent no.1 Corporation would be entitled to enforce its demand. 10. Rule made absolute accordingly. There ((-4-)) shall be no order as to costs. (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.)