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Bombay High CourtNMS/59/2019disposed off

Arvind G Naik And 37 ORS v. New D N Nagar Co-Op Hsg Societies Union Ltd And 8 ORS

2019-04-02Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 19 NMS1756.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 59 OF 2019 WITH NOTICE OF MOTION NO. 63 OF 2019 WITH NOTICE OF MOTION NO. 1756 OF 2017 IN SUIT NO. 674 OF 2013 Arvind G. Naik and ors.

....Plaintiffs V/s.

New D N Nagar Co-op. HSG Societies Union Ltd. and ors.

....Defendants Mr. Y.R. Shah for the plaintiffs.

Mr. R.S. Ghadge i/b. A.S. Desai for defendant no.1. Ms. Apeksha Munot i/b. Wadia Ghandy and Co. for defendant no.3.

Ms. Sayli Apte for MMRDA.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 02nd APRIL, 2019.

P.C.:

.

In compliance with the order dated 19/09/2013, the defendant no.1-Society has deposited before the Prothonotary and Senior Master, High Court Original Side, Bombay, an amount payable towards temporary alternative accommodation in respect of the two flats occupied by the plaintiff nos.8 and 17. By this Notice of Motion, the plaintiff nos.8 and 17 have sought leave to withdraw the amount deposited before the Prothonotary and Senior Master. 1/2

P.H. Jayani 19 NMS1756.17.doc 2.

Mr. R.S. Ghadge, the learned counsel representing the Society has given his no objection to pay the said amount to the plaintiff nos.8 and 17.

3.

In the light of the above, Notice of Motion Nos.59/2019 and 63/2019 are made absolute in terms of prayer clause (a). (SMT. ANUJA PRABHUDESSAI, J.) 2/2