: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.886 OF 2010 IN SUIT NO.4037 OF 2002 The Sangli Bank Ltd. Chowpatty Branch .. Plaintiffs v/s. Kamran Ahmed Patel Prop. Of M/s. Amaan Fabrics & Ors. .. Defendants ......... Ms. Nutan V. Desai for the plaintiffs Mr. Ramesh Jain for the defendants Mr. G.G. Ketkar, 1st Asstt. to Court Receiver. ......... CORAM : R.Y.GANOO, J. DATE : 6TH APRIL, 2010. P.C. : 1. The representative of the Court Receiver is present. He informed the Court that in the account of this suit, Rs.91,000/- are lying. He prays for payment of costs and expenses. He states that Receiver can be discharged on payment of costs and expenses. : 2 : 2. Heard learned advocates on both sides as well as Receiver’s representative. If the plaintiffs who had sought appointment of the Court Receiver wants that the Receiver should be discharged, that order can be passed. At the same time, Receiver must get some amount towards costs and expenses. In the facts and circumstances of the case, I am inclined to fix a sum of Rs.10,000/- to be paid to the Court Receiver as and by way of costs and expenses. Rest of the amount can be paid to the plaintiffs. Learned advocate Mr. Jain has no objection to this arrangement. Hence, the following order is passed to dispose of the motion. ORDER (i) Court Receiver, High Court Bombay to pay to M/s. ICICI Bank Ltd. i.e. the plaintiffs a sum of Rs.81,000/- . (ii) The Receiver’s charges are fixed at Rs.10,000/-. The Court Receiver shall appropriate sum of Rs.10,000/- from a sum of Rs.91,000/- in that behalf. (iii) After payment is made to the plaintiffs as above and appropriation of Rs.10,000/- towards costs and expenses, Receiver to stand discharged without passing formal accounts. (iv) Plaintiffs are at liberty to take out appropriate proceedings to : 3 : protect their interest in regard to the possession, which is presently with the defendants. (v) Receiver to act upon an authenticated copy of this order duly authenticated by the Associate of the Court. (vi) Suit to come up on board in usual Course. [R.Y.GANOO, J.]