1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1517 of 2008 in Suit No.4913 of 2000 Majid Ahmedbhai Oomerbhoy ..Plaintiff vs. 1 Rashid Sattar Oomerbhoy & ors. ..Defendants and Abdul Gaffor Shaikh Farid and Court Receiver, High Court and Union of India ..Applicants Mr.G.R.Joshi i/b Thakore Jariwala and Associate for plaintiff. Mr.Rahul Narchania i/b Desai Desai Carrimjee and Mulla for defendant no.1 Mr.S.R.Rajguru with Mr.S.D.Bhosale for applicant for Union of India Ms.Archana Patil i/b M/s Jurists UNO for defendant nos.2, 3, 4(a) and 4(c). Mr.K.Vyas Court Receiver present. CORAM: S.J.KATHAWALLA J. 1st July, 2009 P.C. 1 Heard learned Advocates for the parties. 2 2 The Court Receiver is directed to forthwith pay an amount of Rs.14,05,246.56 to the applicant Union of India. As regards the applicants claim pertaining to the interest on Rs.14,05,246.56 the applicants have submitted to the orders of the Court. In view of the facts and circumstances of the case, no interest shall be payable by the Court Receiver to the applicant and the amount of Rs.14,05,246.56 will be accepted by the applicant in full and final settlement of their claim. 3 Mr.Joshi appearing for the plaintiffs states that he has made a grievance before the Commissioner for taking Accounts that the amount paid to the applicants should not be ultimately debited from the account of the firm since the Writ Petition No.2847 of 1989 was dismissed in the year 2003 due to the alleged negligence of the office of the Court Receiver. Mr.Joshi has further pointed out 3 that the Commissioner for taking accounts has already opined in his report dated 28th June, 2006 that it is not possible for him to entertain the contentions raised by in this regard by the plaintiffs and that the plaintiffs should move the Court for such a grievance. 4 The stand taken by the Commissioner for taking Accounts would be considered when the report of the Commissioner will be taken up for hearing. 3 Chamber summons is accordingly disposed of. (S.J.KATHAWALLA J.)