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Bombay High CourtNMS/2564/2018disposed off

Rockline Developers Pvt. Ltd. v. Abdul Razak Sattar Chunawala And 6 ORS.

2019-03-18Hon'Ble Shri Justice G.S. Patel2 pages

24-NMS2564-18+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2564 OF 2018 IN SUIT NO. 1680 OF 2011 WITH NOTICE OF MOTION NO. 565 OF 2019 Rockline Developers Pvt Ltd ...Plaintif

Versus

Abdul Razak Sattar Chunawala & Ors ...Defendants Mr Mayur Khandeparkar, with Rubin Vakil, i/b Lilani Shah & Co., for the Plaintiff Mr Yatin R Shah, with Niranjan M Deshpande, i/b , for the Applicants/Defendants.

Mr R Malvankar, Section Officer, from the Office of the Court Receiver is present.

CORAM: G.S. PATEL, J DATED:

18th March 2019 PC:- Notice of Motion No. 2564 of 2018:

1.

Notice of Motion No. 2564 of 2018 is dismissed as withdrawn. There will be no order as to costs. 18th March 2019

24-NMS2564-18+.DOC Notice of Motion No. 565 of 2019:

2.

Heard. The Notice of Motion seeks a prayer that rejects itself. This is the prayer:

"(a) That pending the hearing and final disposal of the suit, this Hon'

ble Court be pleased to direct the Plaintiffs not to hand over any part or portion of the suit property to the BMC or any other statutory authority for availing TDR or FSI generated from any portion of the Suit Property;" 3.

It is impossible to grant any such relief.

4.

The Notice of Motion is dismissed. There will be no order as to costs.

(G. S. PATEL, J) 18th March 2019