1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1509 OF 2008 IN SUIT NO. 1785 OF 1999 Indbank Merchant Banking Services Ltd. ...Plaintiffs Vs. VSL Infotainment Ltd. ...Defendants Mr.K.H.Mody i/b. JMB Partners for Plaintiff CORAM: SMT.ROSHAN DALVI, J. DATED: 17 TH DECEMBER, 2008 P.C. 1. The Plaintiffs have applied in an earlier Notice of Motion No.1933 of 2008 for permission to sell the equipments in the possession of the Court Receiver from the factory premises of the first Defendant by private sale or public auction. The Plaintiffs had applied for Receiver to be discharged without passing accounts upon such sale. An order came to be passed in that Notice of Motion by Justice Kanade on 14th July 2008. The Plaintiff's Notice of Motion came to be made absolute in terms of prayer (a). 2. However, in that order the Plaintiffs were permitted to sell the machinery in the possession of the Court Receiver 2 only by public auction. That Notice of Motion was not opposed by the Defendants. The sale has to be made. It is in fact been allowed in terms of prayer (a) included sale by public auction as well as private treaty. Hence the order dated 14 th July 2008 is modified/interpreted to mean that the sale by private treaty is also allowed. 3. Chamber Summons disposed of accordingly. (SMT. ROSHAN DALVI, J.)