- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3437 OF 2009 in SUIT NO.4771 OF 2000 SBI Capital Markets Limited . . Plaintiff vs Gilt Pack Limited .. Defendant & The Court Receiver, High Court,Bombay...Respondent to NM .. Mr.Sharan Jagtiani a/w Mr.Rahul Donde ib M/s Kanga & Co for Plaintiff None for Defendant Mr.G.G.Ketkar Ist Ass.to Court Receiver,High Court,Bombay present CORAM: R.V.MORE,J DATED: November 3rd, 2009 P.C. 1. Heard learned counsel for the plaintiff. None appears on behalf of the defendant inspite of service of notice. The plaintiff filed a suit against the defendants for recovery of the suit machineries. In this suit, Notice of Motion No.875 of 2008 came to be filed by the plaintiff for various reliefs. By an order dated 14th March 2008 passed in Notice of Motion No.875 of 2008, this Court recorded a finding that the plaintiff are the owner of the said machineries. The Court further directed the Court Receiver to take possession of the suit machineries and to appoint the plaintiff as its agent. The Court Receiver was also directed to sell the machineries. - 2 - 2. Accordingly, the Court Receiver conducted auction of the suit machineries and accepted the highest bid of Rs.11,20,000/- of one Anant Shakti Scrap Corporation. This Court in Court Receiver’s Report No.125 of 2009 confirmed the above sale to the said Anant Shakti Scrap Corporation. The entire sale consideration of Rs. 11,20,000/- is deposited by Anant Shakti Scrap Corporation in the office of the Court Receiver on 8th May 2009 and therefter taken possession of the machineries. The present Notice of Motion is filed by the plaintiff for a direction to the Court Receiver to pay to the plaintiff the above sum of Rs.11,20,000/- along with any interest accrued thereon. The respondent- Court Receiver submitted that the said amount can be given to the plaintiff after deducting usual charges of the Receiver. The Notice of Motion is not contested by the defendants either by appearing in this Motion or filing any affidavit in reply. In these circumstances, contents of the affidavit in support of the Notice of Motion are accepted and Notice of motion is made absolute in terms of prayer clause (a). The Court Receiver, High Court, Bombay to act on an authenticated copy of this order. R.V.More, J - 3 -