IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER' S REPORT NO.33 OF 2009 IN SUIT NO.1596 OF 1994 ALONG WITH SUIT NO.2501 OF 1986 Diamond Builders ..... Plaintiffs V/s. Kabha Builders Pvt. Ltd. .... Defendants Ms.Christina i/by Little & Co., for defendant in Suit No.1996 of 94 and for plaintiff in Suit No.2501 of 1986. Ms.P.A.Mhatre i/by Thakore Jariwala & Associates, for Court Receiver in Suit No.2501 of 1986. Mr.Sanjay Jain i/by Hariani & Co., for the plaintiffs. Shri K.L.Vyas, The Court Receiver. Smt.Srivastava, 2nd Asstt. Court Receiver. CORAM: R.Y.GANOO, J. DATED: 17th FEBRUARY, 2009. P.C. 1. Heard the learned Advocates on both the sides. M/s.Khabha Builders Pvt. Ltd., had instituted Suit No.2501 of 1986. In the Suit No.1596 of 1994 between M/s.Diamond Builders and M/s.Khaba Builders Pvt. Ltd., the Receiver has been appointed. The Receiver has taken charge of Suit NO.2501 of 1986. A lawyer is appointed on behalf of the Receiver. 2. The Court Receiver wants an order as to who should bear the professional charges of the said Advocate. I have heard the learned Advocates. In the course of hearing, it is learnt that Suit No.2501 of 1986 is filed for the benefit of both Diamond Builders and M/s.Khaba Builders Pvt. Ltd. Arguments was advanced by the Counsel for Khaba Builders that the Receiver in Suit No.2501 of 1986 was appointed at the instance of M/s.Diamond Builders and therefore, they should pay the Court Receiver's charges. 3. Having considered the matter, I am inclined to observe that suit No.2501 of 1986 is ultimately filed for the benefit of M/s.Diamond Builders as well as M/s.Kabha Builders Pvt. Ltd., which is not seriously disputed by any of the parties, hence they should jointly bear the expenses. Hence, I pass the following order. : O R D E R : 1. The Professional charges of M/s.Thakore Jariwala & Associates, who is appearing on behalf of the Receiver, should be borne by M/s.Diamond Builders and M/s.Kabha Builders Pvt. Ltd., equally. 2. The Court Receiver to take steps accordingly. M/s.Thakore Jariwala & Associates should make a note of this and make a demand accordingly of their professional charges. 3. The Court Receiver's Report stands disposed of in above terms. ( R.Y.GANOO, J. )