1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Court Receiver's Report No.338 of 2008 In Suit No.1282 of 1987 Hansa Chandrben Choithani & anr. ..Plaintiffs v/s. Madhusudan M. Sethna & anr. ..Defendants Mr.Darshan Mehta i/by Dhruva Liladhar & Co. for Plaintiffs. Mr.Hemant Ghadigaonkar for Deft.No.1. Smt.U.S . Srivastava, 2nd Asst. to C.R. Mr.V.G. Rane, S.O., CR. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 13 th October, 2008 P.C. : 1. Parties have filed Consent Terms in the Notice of Motion taken out in this Suit. Certain expenses of the estate had to be incurred. Court Receiver came to be appointed. The Court Receiver has with him Rs.4,65,602 /- . The expense with regard to the fees of the Attorney Mr.Sudhir Mehta to the extent of Rs.3,50,000 /- was agreed to be paid. That expense has been equally borne by the Plaintiffs. Hence that amount shall have to be paid out of the Court Receiver's funds to Mr.Sudhir Mehta, Attorney of this Court. It may be mentioned that the statement annexed to the Consent Terms shows this payment being made by the Plaintiffs and has been signed by the Defendants. Hence that payment shall 2 have to be honoured. 2. The remainder of the amount lying with the Court Receiver shall be equally paid to the four beneficiaries mentioned in the Consent Terms after deduction of the Court Receiver's further costs, charges and expenses. Since Defendant No.1 has expired, a cheque may be issued in the name of his wife. 3. There is one cupboard lying in the premises which has been sold. The Advocate on behalf of the deceased- Defendant No.1, who now represents his estate and the Advocate for the Plaintiffs both agree that they do not desire to lay any claim to the cupboard. Hence, the purchaser shall be given the premises along with the cupboard. He may deal with the cupboard as he wishes. 4. The Court Receiver's Report is disposed of accordingly. [SMT.ROSHAN DALVI, J.]