IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3359 of 2008 NOTICE OF MOTION NO.3359 of 2008 NOTICE OF MOTION NO.3359 of 2008 IN IN IN NOTICE OF MOTION NO.2249 of 2006. NOTICE OF MOTION NO.2249 of 2006. NOTICE OF MOTION NO.2249 of 2006. IN IN IN SUIT NO.1986 of 2006. SUIT NO.1986 of 2006. SUIT NO.1986 of 2006. Babulal Sangam Gada ..Plaintiff versus Gopal Mathuradas Agarwal (since deceased through legal heir Vijaya Gopal Agarwal & Ors. ..Defendants Mr.J.G.Shukla for the Plaintiff Mr.R.V.Pai i/b. K.K.Pandey for the Defendants in support of the Notice of Motion Mrs.R.S.Gylekar, representative of the Court Receiver CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 1st Oct., 2008. DATED : 1st Oct., 2008. DATED : 1st Oct., 2008. P.C. 1. Heard learned advocates on both the sides. Learned Advocate Mr.l Pai submitted that the defendant No.2 is arranging for the funds and requires some time to gather the funds so as to comply the Order dated 24.6.2008 passed by this Court in Motion No.2249 of 2006. 2. After having considered the submissions on both the sides, by way of indulgence, I am inclined to grant time to defendant No.2 to comply the Order -2- dated 24.6.2008 as regards payment/deposit of money upto 7.11.2008. Accordingly the motion is being disposed of by passing the following order. ORDER i. Defendant No.2 to deposit/pay the amounts as set out in Order dated 24.6.2008 for the purposes of complying the said Order. This to be done on or before 7.11.2008. ii> It is clarified that if the defendant No.2 does not comply with the Order dated 24.6.2008 during the extended period upto 7.11.2008, the Order dated 24.6.2008 shall take effect and shall be acted upon by the parties concerned including the Receiver. iii. Notice of Motion disposed of accordingly. There shall be no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)