: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2716 OF 2006 IN SUIT NO.1234 OF 2004 Chandraprakash R. Mishra & Ors. ....Plaintiffs V/s. Smt.Dharmadevi B. Mishra & Ors. ....Defendants Mr.M.S. Bhandari i/b Mr.H.V. Chande for the Plaintiffs. Mr.S.A. Ahmed i/b Thakkar & Bali for Defendant Nos.1 to 3 in support of the Notice of Motion. CORAM : S.J. VAZIFDAR, J. DATED : 11TH MARCH, 2008. P.C. : 1. By this Notice of Motion, the Plaintiffs seek an order modifying the order dated 18.2.2005 passed by D.K. Deshmukh, J. in so far as it relates to deposit of Rs.84,000/- in the Court by Defendant Nos.1 to 3. In the alternative, the Plaintiffs seek an order modifying the said order dated 18.2.2005 to the extent of allowing Defendant Nos.1 to 3 to furnish a bank guarantee or any other security in lieu of depositing the said amount. 2. By an ad-interim order passed by me on 24.8.2006, the Court Receiver was directed to fix the : 2 : royalty expeditiously. The Court Receiver did so. The same was challenged by Defendant Nos.1 to 3 by taking out Chamber Summons No.1617 of 2006. The said Chamber Summons was disposed of by D.K. Deshmukh, J. by an order dated 25.1.2008. Certain directions were passed and time was granted to Defendant Nos.1 to 3 to move the Court Receiver for reconsideration of the issue after identification and valuation of the assets was carried out. In the meantime, Defendant Nos.1 to 3 were directed to continue to pay the royalty at interim rate of Rs.84,000/- per month fixed by an order dated 6.5.2004. This was done by consent. The order dated 18.2.2005 sought to be modified also fixed the amount of Rs.84,000/- per month. 3. This Notice of Motion therefore does not survive. Any order passed herein would be contrary to the order dated 25.1.2008. 4. In the circumstances, the Notice of Motion is dismissed.