1 CHS.1829.08-S.1382.75.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1829 OF 2008 IN SUIT NO. 1382 OF 1975 B.M.K.Industries Pvt. Ltd., ...Plaintiffs Vs. Suvarna Dyeing & Painting Works & Ors. ...Defendants And The Court Receiver ...Respondent Mr. Bharat Joshi i/b. Tejpal & Co., for Plaintiffs Ms. Usha Gadagkar i/b. Divya Shah Assoc. for Defendants CORAM : SMT. ROSHAN DALVI, J. DATED : 6TH JUNE, 2011 P.C. : 1. The suit is between Licensor and Licensee. As per full bench judgment of this Court the suit would be tried by the Court of Small Causes in Bombay. The plaint is accordingly returned to the Plaintiffs for presenting in proper Court under Order 7 Rule 10 of the C.P.C. 2. Pending the suit in this Court certain order for appointment of Court Receiver came to be passed. Certain amounts by way of compensation for occupation of the suit premises came to be directed to be paid by the Defendants who were in possession of the suit premises to the Plaintiffs. A sum of Rs.12.60 lakhs lies to the credit of the suit. When the plaint is returned to the Plaintiffs to file in proper Court that amount also must stand to the credit of the suit 2 CHS.1829.08-S.1382.75.sxw in that Court where the suit is now filed. 3. The Defendants have applied for return of the amount deposited by the Defendants. The Defendants continue in possession/occupation. The amount is paid consequent upon such possession/occupation. The Defendants cannot be returned that amount at present. It would have to be returned only upon the merits being considered in the suit by the competent Court. 4. The Receiver, who has collected the amount so far shall tender that amount to the Registrar of the Court of Small Causes, Bombay in NENC Suit No.115/140/2008. 5. The amount shall stand to the credit of that suit pending orders in that suit after 2 weeks. 6. The Chamber Summons is disposed off accordingly. (SMT. ROSHAN DALVI, J.)