ORAL ORDER:---This Cross Objection is filed against the order dated 4th April, 1997 passed by the learned Single Judge in Notice of Motion No. 690 of 1996. It has been contended by the appellants that, without joining them as party defendants. Respondents No. 1 to 8 (Original Plaintiffs) have obtained interim order which affects them seriously and adversely. It is contended that they are bona fide purchasers of the flats from the appellants, the Developers. By the said order, the learned Single Judge of this Court on 28th June, 1995, appointed Receiver in respect of the entire property bearing Plots No. L-1 and L-2. However, the Court observed that, if the Receiver finds any third-parties in possession of the said property, the Receiver shall not disturb their possession, but appoint them as his agents, without security and royalty and, thereafter, apply to this Court for further direction. The Court also restrained the defendants from executing final conveyance in favour of the alleged purchasers in respect of the property, L-1 and L-2. That order was challenged before the Appellate Court. That appeal was dismissed. The Special Leave Petition was also dismissed. 2. Subsequently, the applicants have taken out a Notice of Motion contending that, without joining them as party and without hearing them, the ex parte order obtained by the plaintiffs is, on the face of it, illegal, not binding and is required to be set aside by the Court. 3. After hearing the learned Single Judge has passed the impugned order on 4th April, 1997. It has been vehemently contended by the learned Counsel for the appellants that, when the appellants approached the learned Single Judge for setting aside the impugned order, instead of setting aside the same the Court has imposed additional various rigorous conditions, which affect them vitally. 4. Subsequently, at the request of the learned Counsel for the parties, the matter was repeatedly adjourned for settlement between the parties. 5. Today the parties, who are present before the Court, have settled their disputes and have produced the Minutes of Order, which are taken on record and marked 'X' for identification. Hence, following agreed order is passed: "1. 4. Subsequently, at the request of the learned Counsel for the parties, the matter was repeatedly adjourned for settlement between the parties. 5. Today the parties, who are present before the Court, have settled their disputes and have produced the Minutes of Order, which are taken on record and marked 'X' for identification. Hence, following agreed order is passed: "1. The order dated 28th June, 1995 passed in Notice of Motion No. 850 of 1992 in Suit No. 340 of 1991 as modified by the impugned order dated 4th April, 1997 passed in Notice of Motion No. 690 of 1996 and other connected Notices of Motion is modified as provided herein by appointing Court Receiver, High Court, Bombay as Receiver of plots of land having an aggregate area of land admeasuring 4458 sq.mts. or thereabouts shown by red colour boundary outlines on plan annexed hereto and marked Exhibit 'A' in place and stead of Receiver or Plots L-1 and L-2 described in plaint, with all powers under Order 40, Rule 1 of the Code of Civil Procedure and direct the Appellant No. 1 M/s. Powai Housing Development Pvt. Ltd. to hand over vacant possession thereof to the Court Receiver with further directions to Court Receiver to take possession thereof and to hold the vacant possession of same till as provided hereinafter. 2. Respondents No. 1 to 8 (being the original plaintiffs in suit) are directed to deposit with their Advocates, M/s.M.P.Vashi Co., a sum of Rs. 1,09,57,110/- at the rate of Rs. 165/- (Rupees One Hundred Sixty Five only) per sq. foot of built-up area of the respective area applied by the 140 remaining members of the plaintiffs (as per statement annexed hereto and marked Exhibit 'B' ) within a period of three months from today. 6. On deposit of Rs. 1,09,57,110/- as per clause 2 above and not otherwise the advocates, M/s.M.P. Vashi and Associates, shall inform the Advocates for appellants of the said facts in writing and pay to the Advocates for Appellants the said entire amount within a period of 15 days of expiry of period of three months referred to in clause 2 above. 7. Upon payment of the said entire amount of Rs. 1,09,57,110/- as per Clause (3) above and not otherwise the Court Receiver, High Court, Bombay, shall hand over possession of the said plots of land having area of 4458 sq. mtrs. 7. Upon payment of the said entire amount of Rs. 1,09,57,110/- as per Clause (3) above and not otherwise the Court Receiver, High Court, Bombay, shall hand over possession of the said plots of land having area of 4458 sq. mtrs. referred to in Clause (1) above to duly authorised representative of Plaintiff No. 8 and the Court Receiver stands discharged of said plots without passing account. The appellants have agreed to hand over the possession of the said plots of land for the purpose of developing them in the manner herein provided to enable respondents No. 1 to 8/Original Plaintiffs to put up a building/buildings to accommodate 140 members as per Exh. 'B' hereto. In respect of said 140 members, whose names are shown in Exh. 'B'. Respondents Nos. 1 to 8 (Original Plaintiffs) will have to produce the documents before the appellants to substantiate their claims on or before 15th January, 1998 as regards the names, area and amounts paid by them to Appellant No. 1. In case the said members are in a position to substantiate their claims on or before 15th January, 1998 the appellants will accept their claims. However, in case of any dispute regarding the claims of the said 140 members, the said dispute will be jointly decided by Senior Advocates, Mr. Dara Zaiwala and Mr. V.C. Kotwal and Advocate Mr. M.M. Vashi. The majority decision of the said three persons will be final and binding on the parties hereto. 5. The Appellants shall provide as much of additional area of land and/or T.D.R. and/or F.S.I. if necessary and required, as per provisions of Development Control Regulations, 1991, for putting up construction of an aggregate area of 89932 sq. ft. built-up area on the said plots of 4458 sq.mts. referred to in clause (1) above. Appellant No. 1 shall take all necessary steps and execute or cause to be executed all documents, application forms etc. which are required by respondents No. 1 to 8 for sanction of layout plans and building plans for putting up said construction of 89932 sq.ft. of built-up on said plot of 4458 sq.mts. Respondents Nos. 1 to 8 (Original Plaintiff) will deposit with their Advocates, M/s. M.P. Vashi Associates, a sum of Rs. 1,09,57,110 (Rupees one crore nine lakh fifty seven thousand one hundred ten) within a period of three months from today. of built-up on said plot of 4458 sq.mts. Respondents Nos. 1 to 8 (Original Plaintiff) will deposit with their Advocates, M/s. M.P. Vashi Associates, a sum of Rs. 1,09,57,110 (Rupees one crore nine lakh fifty seven thousand one hundred ten) within a period of three months from today. The said amount is calculated at the rate of Rs. 165/- per sq. foot for an area of 89,932 sq.ft. which is the area required for 140 persons. However, if any of the persons whose names are mentioned in Exh. 'B' are unable to substantiate their claims, the said amount of Rs. 1,09,57,110 will be proportionately reduced and respondents No. 1 to 8/Ori. Plaintiffs will be required to deposit the said reduced amount with their Advocates, M/s. M.P. Vashi Associates, within a period of three months from the date of this order and the corresponding area of 89932 sq. ft. built up shall also stand reduced accordingly." 8. Appellant No. 1 has represented that in respect of the plot to be given as per Clause 1 hereinabove, that: (a) The same is abutting on 60 ft. wide D.P. Road and has proper access from it and width of the access road will be in conformity with the D.C. Regulations 1991. (b) For the purpose of claiming 40% advantage for putting up construction arising out of advantage of the D.P. Road possession of such part of D.P. Road required to be handed over to B.M.C. will be handed over and/or the same will be transferred by Appellant No. 1. (c) Appellant No. 1 shall procure upto 40% Transfer of Development Rights to be used on the said plots referred to in Clause 1 above and all formalities under D.C. Regulations, 1991 shall be complied with. (d) The total construction on the said plots referred to in Clause 1 above shall consist of actual F.S.I. of the said plot under D.C. Regulations, 1991 and 40% each of the D.P. Road advantage and transfer of development rights as permitted under D.C. Regulations, 1991. (e) The provision of Recreational Open Space and Car Parking Space within the said plots referred to in Clause 1 above as required under D.C. Regulations, 1991 can be provided forthwith in the said plots. (e) The provision of Recreational Open Space and Car Parking Space within the said plots referred to in Clause 1 above as required under D.C. Regulations, 1991 can be provided forthwith in the said plots. (f) For the purpose of providing Car Parking Space, same is to be provided in the stilt area below the proposed building and in the surrounding open space around the buildings to be constructed. (g) As per the D.C. Regulations, 1991 and/or policies of B.M.C., approval and grant of Commencement Certificate for putting up construction on said plot shall be as under:-- (i) Initial approval of 75% of the Building Plan of the 85% F.S.I. of the said plot area as per scheme of Amalgamation/ Sub-Division/Layout together with I.O.D. under section 346 of the B.M.C. Act will be issued by M.C.G.B. (ii) Commencement Certificate initially will be issued upto plinth and stilt level and on completion of construction thereof as per sanctioned plan. On compliance of the terms of I.O.D. and checking the construction work done upto stilt/plinth level further commencement certificate will be issued. (iii) Plans for 100% F.S.I. of the plot area will be approved on production of P.R. Card for said plots. (iv) Sanction of the plans for 40% of the net area of the said plots by using advantage of D.P. Road can be got approved however commencement certificate for the 40% of D.P. Road shall be issued on handing over pro rate D.P. Road Reservations and Transferring the same to B.M.C. (v) Plans for 40% of the net area of plots by making use of the T.D.R. will be approved and sanctioned on production of D.R.C. certificate. (vi) Appellant No. 1 shall be responsible only for compliance of all the requirements for obtaining sanction of plans as aforesaid. (vii) Appellant No. 1 shall pay premium required for the purpose of obtaining advantage of staircase and lift area and/or shall make alternative arrangement to get the said equivalent area from any other sources. (vi) Appellant No. 1 shall be responsible only for compliance of all the requirements for obtaining sanction of plans as aforesaid. (vii) Appellant No. 1 shall pay premium required for the purpose of obtaining advantage of staircase and lift area and/or shall make alternative arrangement to get the said equivalent area from any other sources. (viii) Appellant No. 1 represents that the said plots mentioned in Clause 1 above are forming part of the larger piece of land from which D.P. Road and T.D.R. advantages which are more than permitted to be used on said plots are available and which shall be made use on the said plot to extent permissible under the provisions of D.C. Regulations, 1991 and Appellant No. 1 is well and sufficiently entitled to develop the same and relying on the said assurance respondents No. 1 to 8 have not taken any search for investigation of title or invited any objection or given any advertisement. (ix) The original owners of larger plot of which said plots form a part has submitted a scheme of amalgamation/natural sub-divisions of the said entire plot to B.M.C. and expected the approval within 3 months. (x) The Appellants will take all necessary steps at the costs, charges and expenses of respondents Nos. 1 to 8 only and sign documents, make applications and generally co-operate with respondents Nos. 1 to 8/original. Plaintiffs so as to enable respondents No. 1 to 8 to develop the said plots of land in the manner hereinafter provided. (xi) Appellant No. 1 has not in any manner encumbered, alienated or created any third party rights in respect of the said plots of land or interest arising therefrom in any manner whatsoever. (xii) The said plots of land are levelled and are not on marshy or creek land. (xiii) Appellant No. 1 will obtain a separate P.R. Card in respect of the said plots of land and/or additional area required to be provided under this order within a period of 18 months from the date hereof. (xiv) The Appellants will procure/cause to be developed and/or handed over the common amenities to the B.M.C., if so required, under the terms and conditions of the sanctioned layout plan so as to enable respondents No. 1 to 8 and their members to utilise said 89932 sq. ft. (xiv) The Appellants will procure/cause to be developed and/or handed over the common amenities to the B.M.C., if so required, under the terms and conditions of the sanctioned layout plan so as to enable respondents No. 1 to 8 and their members to utilise said 89932 sq. ft. built up and obtain the occupation certificate or completion certificate for the buildings to be constructed on the said plots of land. (xv) Appellant No. 1 agrees to prepare and apply to B.M.C. and obtain initially approval certificate from B.M.C. for sanction of plan to put up construction of 89,932 sq. ft. built up area or such reduced area as per Clause 5 herein in a building or buildings to be constructed on said plots referred to above in Clause 1 and thereafter I.O.D. and C.C. upto plinth level. Respondents No. 1 to 8 and their members shall be responsible to comply with the terms of the said I.O.D. and C.C. Appellant No. 1 shall cause Architects appointed by appellant No. 1 to do the aforesaid work and to submit its resignation as soon as the aforesaid work is completed to enable respondent No. 1 to 8 and its members to appoint their own Architects and to proceed with construction of buildings as per approved plans. Provided all the deposits and amounts to be paid to B.M.C. for obtaining sanction of plans shall be borne and paid by respondents No. 1 to 8 and their members only. Appellant No. 1 shall within a period of 3 months from respondents No. 1 to 8, their members obtaining possession of plots from the Court Receiver as per Clause 4 above, submit the plans. Appellant No. 1 shall thereafter follow up the matter with B.M.C. and will obtain certificate of approvability as early as possible and also the I.O.D./C.C upto plinth level within a period of 4 to 6 months from submission of plans. Respondents No. 1 to 8 and their members shall pay the amounts of deposit/fees to be paid to B.M.C. by Demand Draft/pay slip in favour of B.M.C. within a period of 10 days from date of written demand made in that behalf upon Advocates for respondents Nos. 1 to 8 herein. The time required by respondents No. 1 to 8 for payment of the said deposit to B.M.C. shall be excluded from computing time limits referred to above. "7. 1 to 8 herein. The time required by respondents No. 1 to 8 for payment of the said deposit to B.M.C. shall be excluded from computing time limits referred to above. "7. Appellant No. 1 shall on (i) completion of the construction by respondents No. 1 to 8 of said 89932 sq.ft. built up area on said plot of 4458 sq. mtrs. or such additional area that may be given by Appellant No. 1 as per Clause (5) above and on obtaining completion certificate in respect thereof and (ii) on Development of the remaining area of larger plot of land of which the said plots of 4458 sq.mtrs. form a part shall cause to be executed and registered in favour of a Co-operative Housing Society of respondents No. 1 to 8 and their members documents of transfer of the said plots free from encumbrances and with marketable title provided all costs, charges and expenses including stamp duty and registration charges for execution and registration of the said documents and permission for transfer shall be borne and paid by respondents No. 1 to 8 and their members. Appellant No. 1 shall prepare drafts of all the documents to be executed and forward the same for their approval to Advocates for respondents No. 1 to 8. 8. Respondents No. 1 to 8 shall entirely at their own costs, charges and expenses be at liberty to carry on and complete all development and construction work of an aggregate area not exceeding 89932 sq. ft. built up or such reduced area as per Clause 5 herein, as per plans that may be sanctioned. Respondents No. 1 to 8 or anyone claiming through them shall not have any other rights in respect of any other area of which the said plots of 4458 sq.mtrs. or any other area that may be given including to interfere with the rights of the appellants and/or original owners of the entire plot of which said plots form part, to deal with and dispose of the remaining area to any other person. Respondents No. 1 to 8 undertake to this Hon'ble Court not to interfere, object, prevent the owners or appellants or anyone claiming through appellants from dealing with in any manner the said other area. 9. Appellants No. 1 shall comply with all the terms and conditions of letter of intent dated 14-11-1995 issued by the Addl. Respondents No. 1 to 8 undertake to this Hon'ble Court not to interfere, object, prevent the owners or appellants or anyone claiming through appellants from dealing with in any manner the said other area. 9. Appellants No. 1 shall comply with all the terms and conditions of letter of intent dated 14-11-1995 issued by the Addl. Collector and Competent Authority (U.L.C.) Greater Bombay under section 20 of U.L.C.R. Act in respect of larger plot of land of which the said plots of 4458 sq. mtrs. form a part. Appellants No. 1 alone shall be entitled to have all benefits that may arise or accrued in respect of the said entire plot referred to in the said letters of intent including the said plots of 4458 sq. mtrs. Respondents No. 1 to 8 shall not have any other of additional rights and claim except to put up construction of 89932 sq. ft. or such reduced area as per Clause 5 herein built up area on the said plots of 4450 sq. mtrs. or such other area that may be given as per Clause (5) above. There shall not be restriction of flat area applicable to said plots. 10. In the event respondents No. 1 to 8 fail and neglect to deposit the sum of Rs. 1,09,57,110/- and pay the same to appellants in the manner provided in Clause 2 and 3 above, then and in that event, the Court Receiver, High Court, Bombay, shall stand discharged without passing account in respect of said area of 4450 sq. mts. referred to in Clause 1 above and the Receiver shall forthwith hand over the vacant possession thereof to appellant No. 1. The Court Receiver to act on the letter of the Advocates for appellants intimating the default committed by respondents Nos. 1 to 8. 11. Notwithstanding anything contained contrary herein and in the event respondent Nos. 1 to 8 fail to deposit and pay the amounts of Rs. 1,09,57,110/- to the appellants as per Clauses 2 and 3 above, then, in that event, suit of the plaintiffs shall stand dismissed with no order as to costs and the plaintiffs shall not be entitled to any reliefs in respect of the subject matter of the suit claim. 12. Except what is provided for herein, respondent Nos. 1,09,57,110/- to the appellants as per Clauses 2 and 3 above, then, in that event, suit of the plaintiffs shall stand dismissed with no order as to costs and the plaintiffs shall not be entitled to any reliefs in respect of the subject matter of the suit claim. 12. Except what is provided for herein, respondent Nos. 1 to 8 shall not be entitled to any other reliefs in the suit or in the Notice of Motion. 13. Each of the allottees in Plots L-1 and L-2, whether they have filed appeals against the impugned order dated 4th April 1997 or not or whether they have given undertakings or not in pursuance of the impugned order, is ordered and directed to pay a sum of Rs. 3,900/- (Rupees three thousand nine hundred only) on or before 31st January 1988 to M/s. L.C. Tolat Co., Advocates for appellants. M/s. L.C. Tolat Co. to hold all amounts deposited with them without claiming any lien or right on it till respondent Nos. 1 to 8 and their members deposit and pay Rs. 1,09,57,110/- as per Clauses 2 and 3 above. Only on payment of the said amounts by respondent Nos. 1 to 8 and its members M/s. L.C. Tolat Co., shall be at liberty to part with the said amounts to the appellants without any reference to any other parties. In the event the suit is dismissed in accordance with the terms of this order, then, in that event, M/s. L.C. Tolat Co., shall refund the said deposit to the respective allottees who have paid such amounts without interest. It is, however, clarified that non-deposit of Rs. 3,900/- by any of the allottees with the Advocates of the appellants as provided hereinabove shall not in any manner effect the rights of respondent Nos. 1 to 8/original plaintiffs under this order. 14. It is, however, clarified that non-deposit of Rs. 3,900/- by any of the allottees with the Advocates of the appellants as provided hereinabove shall not in any manner effect the rights of respondent Nos. 1 to 8/original plaintiffs under this order. 14. Except what is provided for herein, all interlocutory orders/directions/ injunctions passed and notices issued and all undertakings by allottees or by their family members given/filed Suit No. 340 of 1991 including the appointment of the Court Receiver, High Court, Bombay in respect of Plots L-1 and L-2 and injunction in respect of Plot No. L-3 and Show Cause Notice No. 404/96 issued to the appellants and all directions given by and appointments made by the Court Receiver shall stand discharged and cancelled forthwith and stand vacated forthwith and without any further application or orders with no order as to costs. Respondent Nos. 1 to 8 or any of their members hereafter, shall in no event have in any manner any claim or right into or upon undivided plots L-1, L-2 and L-3 mentioned in the plaint or in the building or buildings constructed or to be constructed on them or against the appellants or allottees/assignees of undivided Plots L-1 and L-2 or their nominee assignees or any one claiming through them. 15. If payment of amounts referred to in Clauses 2 and 3 herein is made, in that event only and on plans for putting up construction of entire built up area as provided herein being sanctioned by Bombay Municipal Corporation, the Suit No. 340 of 1991 shall stand dismissed. Suit No. 2469 of 1993 filed in the Bombay City Civil Court and Case No. 68/S of 1990 in the 7th Metropolitan Magistrate's Court at Dadar and Case No. 144/S of 1990 in the 23rd Metropolitan Magistrate's Court at Esplanade filed by appellants as also all proceedings initiated in any Court by respondent Nos. 1 to 8 and all their members, including Criminal Case No. 25/S of 1990 pending in the 22nd Metropolitan Magistrate's Court at Andheri, shall be withdrawn on sanction of plans for entire built up area as provided herein and in the meantime Appellants/Respondents Nos. 1 to 8 or its members shall not proceed with the same. The application for withdrawal shall be made within a period of one month from date of sanction of plans as provided herein. 16. 1 to 8 or its members shall not proceed with the same. The application for withdrawal shall be made within a period of one month from date of sanction of plans as provided herein. 16. Appellant No. 1 and respondent Nos. 1 to 8 and its members whose names are mentioned in Exhibit "B" hereto undertake to this Hon'ble Court to comply with their respective obligations referred to above in the manner set out herein. 17. In the event any dispute or difference between appellants and/or respondent Nos. 1 to 8 and their members in respect of interpretation, meaning or implementation of all or any of the terms of this order arises, the same shall be referred to for its adjudication to Senior Counsel Shri D.R. Zaiwala, Shri V.C. Kotwal and Shri M.M. Vashi, Advocate, and majority decision taken by them shall be final and binding upon the parties." 9. In view of the aforesaid settlement, the Cross Objection stands disposed of accordingly. 10. In view of the aforesaid order, the undertakings given by the parties on the basis of the order passed by the learned Single Judge would not survive. 11. However, the undertakings and assurances which are given in the terms which are agreed by the parties would survive and the parties are bound to act accordingly. 12. The Executive Engineer of the Municipal Corporation and other concerned officers in charge of approval/sanction of plans for building construction/lay out are directed to take necessary steps at the earliest for the purpose of giving approvability certificate and also sanction of plans, I.O.D./C.C. as per D.C. Regulations in respect of plans that may be submitted by the appellants for construction of buildings or for approval of layout in respect of the plots. 13. The Court Receiver to act on a copy of the order authenticated by the Associates of the Court. 14. Issuance of certified copy of this order is expedited. Order in terms of consent passed.