1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4029 OF 2007 IN SUIT NO. 3646 OF 2000 Rajivkumar Laltaprasad Gupta & Anr. ...Plaintiffs vs. Sanjayprasad Laltaprasad Gupta & Anr. ...Defendants Mr.Y.R. Shah for the the Applicants/Defendants in support of Notice of Motion. None for the Plaintiffs. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 8, 2009 P.C. :- 1 Heard Counsel for defendants no.1 and 2. None appears on behalf of the plaintiffs. 2 The plaintiff was appointed as agent of the Court Receiver on payment of certain royalty and security deposit. Subsequently, the Court Receiver has handed over the possession of suit premises to MHADA for redevelopment. However, certain amount is lying with the office of the Court Receiver 2 Pursuant to order dated 29.1.2007 passed in Notice of Motion 120/2006, this court had directed defendants no.1 and 2 to withdraw their share for the period from 1.6.2002 till 30.9.2002 and October 2005 to till the disposal of the suit. 3 However, I am now informed by defendants no.1 and 2 in spite of specific order being passed dated 29.1.2007, the Court Receiver had asked the defendants to take out fresh Notice of Motion. 4 In my view, in view of the specific order which has been passed by this court in Notice of Motion No.120/2006, it is not necessary to give any further directions to the Court Receiver as defendants are permitted to withdraw their share from the royalty which has been deposited by the plaintiff. 5 Hence, Court Receiver is directed to comply with the order dated 29.1.2007. The Court Receiver 3 is directed to take such steps to recover the amount of arrears towards rent, repair charges, electricity bills from the plaintiff no.1 who was appointed as agent of the Court Receiver and submit a report to this Court within a period of four weeks from today. 6 In view of this, Notice of Motion does not survive and is disposed of in the aforesaid terms. (V.M. KANADE, J.)