vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1424 OF 2005 CHAMBER SUMMONS NO.1424 OF 2005 CHAMBER SUMMONS NO.1424 OF 2005 IN SUIT NO.631 OF 2003 Ashok Kumar Dwivedi & Ors. ... Plaintiffs V/s. Shanil Builders & Ors. ... Defendants Mr.S.V. Chavan i/b Utangale & Co. for Plaintiffs Mr.S.A. Sawant for Defendant No.4 Mr.H.C. Pimple with R.Y. Sirsikar for BMC Mr.H.I. Patel, Representative of Court Receiver-present CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: NOVEMBER 16, 2005 NOVEMBER 16, 2005 NOVEMBER 16, 2005 P.C.: P.C.: P.C.: . Mr.Sawant, appearing for the Applicant, i.e., Defendant No.4 in the suit seeks to delete Defendant Nos.1, 2 and 3 from the Chamber Summons. The Chamber Summons is directed against Defendant Nos.1, 2 and 3 as well. However, the applicant does not wish to direct the Chamber Summons against Defendant Nos.1, 2 and 3 and, therefore, they are deleted. 2. Consent terms were signed between the parties i.e., the plaintiffs and Defendant Nos.4 to 10. Under these consent terms, certain monies were to be which : 2 : were deposited with the Court Receiver by Defendant No.4 to Defendant No.10 for purchase of T.D.R. Accordingly Defendant Nos.4 to 10 have deposited the amount. TDR is to be purchased from M/s.Godrej Boyce Manufacturing Company Limited. It is therefore, prayed in the Chamber Summons that the Court Receiver be directed to release the amount of Rs.15 lacs deposited by Defendant Nos.4 to 10 in favour of the seller of the T.D.R. i.e., M/s.Godrej Boyce Manufacturing Co. Ltd. as mentioned in clause 19 of the minutes of the order dated 6.5.2004. 3. The Plaintiffs have no objection to the prayers in the Chamber Summons being granted. 4. According to Mr.Sawant, the amount of Rs.15 lacs which was supposed to be paid by the defendants through the Court Receiver to M/s.Godrej Boyce Manufacturing Co. Ltd. has already been paid by them as the deal was to be closed on or before 15.11.2005. The Court Receiver will therefore ascertain the same and on examining the receipt of M/s.Godrej Boyce Manufacturing Co. Ltd. for the amount of Rs.15 lacs will release the amount of Rs.15 lacs to Defendant No.4, who holds the power of attorney for Defendant Nos.5 to 10. All the formalities will be completed in two weeks. : 3 : 5. Chamber Summons is disposed off accordingly.