1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.490 OF 2007 IN SUIT NO.2726 OF 2003 Bharati Suresh Shroff and Ors. .. Plaintiffs Versus Kapil Gautam Thakore & Ors. .. Defendants Mr.Sandip Parikh with Ms.Soumya Srikrishna i/b. Tyabji Dayabhai for plaintiff Mr.Himayatulla for defendant Nos. 4 to 11 Mr.Peter Lobo CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd February 2009. P.C. . By this chamber summons the plaintiffs have requested that the Court Receiver be directed to pay the sum of Rs.1,28,926/- to them out of the sale proceeds. 2. This sum is claim to be the expenses incurred by the plaintiffs for the same. 2 3. There is no affidavit in reply. It is undisputed that the property has been sold and the sale proceeds are with the Court Receiver. He has paid the society charges. Now, the plaintiffs desire that they should be reimbursed the advertisement expenses. In the affidavit in support, particulars of the expenses are set out and it is stated that by Annexure B to the same, the proof of payment to the newspapers has been produced. 4. In my view, the chamber summons so also the sale was not contested by the contesting defendant Nos. 1 to 3. Defendant Nos. 4 to 11 have no objection to the Court Receiver paying the sum as prayed. 5. In the above circumstances, this chamber summons is made absolute to the extent that if the plaintiffs produce proof of payment by them 3 of the expenses (original receipts evidencing payment of advertisement charges), the Court Receiver to release the sum/ reimburse the amount to plaintiffs as per the bills/ receipts produced. Needless to state that on failure of the plaintiffs to produce the same, no orders can be passed for reimbursing the expenses at this stage. However, liberty would be reserved to the plaintiffs to apply for appropriate reliefs at the hearing of the suit. 6. Court Receiver to act on authenticated copy of this order and release the sum, if proof is produced as above within two weeks from the date of production. Liberty to apply for reliefs in terms of other prayers at an appropriate stage. (S.C.Dharmadhikari, J)