1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa NOTICE OF MOTION NO. 2304 OF 2009 IN SUIT NO. 1970 OF 2005 Vivek Parshotam Bajaj .. Plaintiff v/s. Anil Parshotam Bajaj & Ors. .. Defendants. .... Mr. V. V. Khemka for the Plaintiff/Applicant. Mr. S. Jagtiani i/b. K. Ashar & Co. for Defendant No.3. Mr. Anil D'Soluza for Defendant No.4. Mr. P. S. Shah for Defendant No.5. Mr. G.C. Ketkar, 1st Assistant Court Receiver-present. .... CORAM : S. J. KATHAWALLA, J. DATE : FEBRUARY 26, 2010. P.C. By an order of this Court dated 8th May, 2009, the following order is passed : "Time for bidding is extended upto 8th June, 2009, as a last chance. 2. It is made clear that if the bidding fails to take place on or before the extended date, the Court Receiver shall stand discharged." 2. By this Application the Applicant/Original Plaintiff 2 seeks modification/recalling of the above order. It is inter-alia submitted that since the Court Receiver failed to fix the bidding prior to 8th June, 2009, the order cannot come into effect and deserves to be set aside or modified. The Court Receiver has in his report dated 16th July, 2009 admitted that there was some mistake on the part of the officer/s in his office, because of which the bidding could not be fixed on or before 8th June, 2009, and that he is in the process of taking action against the erring officer/s. 3. In view thereof, the order dated 8th May, 2009, is set aside and the time for bidding is extended upto 31st March, 2010. 4. The Court Receiver shall submit his report before this Court on 5th April, 2010 when further directions, if necessary shall be passed. 5. The Notice of Motion as well as the Court Receivers report dated 16th July, 2009 stands disposed of. [ S. J. KATHAWALLA, J. ] 3