Notice of Motion regarding a default in depositing society charges and complying with an agency agreement was disposed of. The Plaintiff accepted undertakin
Plaintiff allowed 5 days to deposit society charges of Rs.84,860/- with the Condominium; caution given against future defaults.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.2547 OF 2004
IN
SUIT NO. 683 OF 1986
Dr. Mrs. Jean Prabhu ..Plaintiff
versus
June R.G. Noronha & Ors. ..Defendants
Mr. Shailesh Shah i/b. M/s. M. Ranchoddas & Co. for
the Plaintiff.
Mr. S. H. Doctor with Mr. S. A. Diwan with Mr. M.
Pereira i/b. M/s. Wilfred Pereira & Co. for the
Defendants.
CORAM : D. G. DESHPANDE,J.
DATE : 6TH OCTOBER 2004.
P.C. :
1. Heard learned counsel for the Defendants who
have taken out this notice of motion and counsel for
the Plaintiff. Considering the fact that the
plaintiff and the defendant No.1 are sisters and
admittedly there is a breach on the part of the
plaintiff in complying with the requirements of the
agency agreement and that the plaintiff has not paid
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the society charges in the last two years total
amounting to Rs.84,860/= and also considering the
offer of the Counsel for the Plaintiff that the
Plaintiff is ready to pay all those charges on or
before Monday 11th October, 2004 by 5 p.m. to the
Condominium directly. Statement of the counsel for
the Plaintiff is accepted. Plaintiff to deposit the
aforesaid amount with the Condominium by 5 p.m. on
or before Monday 11th October, 2004.
2. It is clarified that the court has shown
indulgence to the plaintiff only this time and in
future if there is even a single default in paying
the society charges as per the original agency
agreement, or in payment of Rs.84,860/= on or before
Monday the 11th Octobder, 2004 by 5 p.m. the
Plaintiff will have to give back possession to the
Court Receiver.
3. With this Notice of Motion is disposed of.
4. An ordinary copy of this order be supplied
to the parties and all concerned parties to act on
an ordinary copy of this order duly authenticated by
the Court Associate.
****
D. G. Deshpande
As recorded by the court registry
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