1 4. nms-59-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 59 OF 2010 IN SUIT NO. 52 OF 2010. Hajra Mohammed Hussain Wawda & Ors. ..Plaintiffs. vs. Ismail Yusuf Wawda & Ors. ..Defendants. .... Mr. Omar K. Shaikh, for Plaintiffs. Mr. Vincent X D’Silva, for Defendant Nos. 1 & 5. .... CORAM : S.J. KATHAWALLA, J. DATE : 26TH JULY 2011. P.C. : Heard the learned Advocates appearing for the parties. The following order is passed by consent of the parties : (i) The Notice of Motion is allowed in terms of prayer clause (b). (ii) In addition to the above prayer clause (b), the Defendant No.1 agrees to open a separate bank account in a nationalised bank and deposit an amount of Rs.7,000/- per month in the said bank account on and from 1st August 2011 and shall pending the hearing and final disposal of the Suit continue to deposit the said amount on or before 5th of each month. (iii) The Defendant No.1 shall after every six months send a true copy of his bank statement/pass book to the Advocate for the Plaintiff to show that he has deposited the said amount of Rs.7,000/- per month in compliance of this order. 2 4. nms-59-10 (iv) In the event of the Defendant No.1 failing to deposit the said amount of Rs.7,000/- for any month, the Plaintiff shall be entitled to take out appropriate proceedings seeking appointment of Court Receiver of the Suit premises. (v) This order shall not in any way prejudice rights and contentions of any of the parties. (vi) The Notice of Motion is accordingly disposed of. [ S.J. KATHAWALLA, J. ]