1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.74 OF 2009 IN REVIEW PETITION (L) NO.1 OF 2007 IN TESTAMENTARY PETITION 4 OF 1993 IN TESTAEMENTARY SUIT NO.63 OF 1994 Manoharlal C.Bajaj & Ors. ..Petitioners versus Rajkumari Y. Jaisingh & Anr. ..Respondents Mr.Luckyraj Indorkar i/b. Hariyani & Co. for the petitioner Mr.N.Dinkar Rao for the respondent Ms.Swati Deshpande for the purchaser CORAM : R.Y.GANOO, J. DATE : 24th JUNE, 2009. P.C: 1. For some reason or other the conveyance is not being executed. The consideration involved in the transaction is to the tune of Rs.3.50 crores. The 2 purchasers are in possession of the property in question in regard to which the sale deed is to be executed. In view of this the request on behalf of the respondent nos.1 and 2 for distribution of the consideration of Rs.3,50 crores between the beneficiaries and Sadhu Vaswani Mission, Pune in equal shares can be granted. This can be done on the basis of the written undertaking executed by the respective beneficiaries and tendered in the court. Those undertakings can be accepted and on the strength of those undertaking the Receiver can be directed to pay each of the beneficiary and Sadhu Vaswani Mission, Pune the sum of Rs. 49,89,370/- as calculated by the Accounts Officer of the Court Receiver. To this extent the order dated 23.3.2009 can be modified. 2. Court Receiver, High Court, Bombay has already reserved the sum of Rs.12,500/- as transfer charges payable to the society and the rest of the amount of Rs.12,500/- will be paid by the purchaser separately. That has nothing to do with 3 the Court Receiver. 3. Hence the following Order. ORDER i. The motion is made absolute in terms of prayer clauses (a) and (b)with no order as to costs. ii. Court Receiver, to act on the authenticated copy of this Order. iii. After the conveyance is executed the Receiver shall pay sum of Rs.12,500/- to the society being half of the transfer charges. Rest of balance half shall be paid by the purchaser independent of the Court Order. iv. This Order be implemented by the Court Receiver on or before 3.7.2009. 4 v. The cheque of Sadhu Vaswani Mission, Pune shall be handed over to learned Advocate Mr. Rao who shall then forward the same to Sadhu Vaswani Mission and obtained a receipt from the said mission. (R.Y.Ganoo, J.)