1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.254 OF 2004 IN CHAMBER SUMMONS NO.628 OF 2003 IN SUIT NO.5849 OF 1999 1.GSL India Ltd. & ors. ...Appellants vs. Wipro Finance Ltd. ...Respondent --- Mr.S.K.Chaurasiya i/b. Mr.A.M.Saraogi, for Appellants. None for Respondent. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 4th February,2009. P.C.:- 1. By this appeal, the appellants challenge the order dated 5.1.2004 passed in Chamber summons no.628 of 2003. By that order, the learned Single Judge has 2 rejected the chamber summons taken out by the appellants. The appellants have taken out the chamber summons for waiver of the amount of royalty fixed by the Receiver. The learned Single Judge has rejected that chamber summons by holding that the amount of royalty was fixed by the Receiver on the basis of the statement made by the applicants in chamber summons before the Division Bench which is recorded in the order dated 17.3.2003 passed in Appeal no.163 of 2003. The learned Counsel appearing for appellants is not in a position to point out that this finding recorded by the learned Single Judge is wrong. He is also unable point the order by which the Receiver has fixed the royalty of which he was seeking reduction. We find that this is a frivolous appeal. The learned Counsel appearing for appellants is not in a position to point out as to how any exception can be taken to the order impugned. The appeal therefore, fails and is dismissed. No order as to costs. (D.K.DESHMUKH, J.) 3 (A.A.SAYED,J.) ---