1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION ORDINARY ORIGINAL SIDE JURISDICTION CHAMBER SUMMONS NO.593 OF 2004 CHAMBER SUMMONS NO.593 OF 2004 CHAMBER SUMMONS NO.593 OF 2004 IN IN IN SUIT NO.704 OF 1993 SUIT NO.704 OF 1993 SUIT NO.704 OF 1993 Mrs. Shanti Gopalkrishnan ...Plaintiff Mrs. Shanti Gopalkrishnan ...Plaintiff Mrs. Shanti Gopalkrishnan ...Plaintiff Vs. Vs. Vs. Mrs. Vasanta Kumaran & Ors. ...Defendants Mrs. Vasanta Kumaran & Ors. ...Defendants Mrs. Vasanta Kumaran & Ors. ...Defendants And And And National Beverages Ltd. ...Applicants National Beverages Ltd. ...Applicants National Beverages Ltd. ...Applicants And And And Ms. World Wide Management Consultants Ms. World Wide Management Consultants Ms. World Wide Management Consultants Pvt. Ltd. & Ors. ...Respondents Pvt. Ltd. & Ors. ...Respondents Pvt. Ltd. & Ors. ...Respondents ----- ----- ----- Applicants and Advocate absent Applicants and Advocate absent Applicants and Advocate absent Mr. Pramodkumar i/b. M/s. Pramodkumar & Co. for Mr. Pramodkumar i/b. M/s. Pramodkumar & Co. for Mr. Pramodkumar i/b. M/s. Pramodkumar & Co. for Plaintiff Plaintiff Plaintiff Mr. Sean Warssudew i/b. Mr. P.S.Pillai for Defendant Mr. Sean Warssudew i/b. Mr. P.S.Pillai for Defendant Mr. Sean Warssudew i/b. Mr. P.S.Pillai for Defendant Nos.2 & 3 Nos.2 & 3 Nos.2 & 3 Ms. Meena Kshirsagar i/b. Mr. S.R.Mishra for Ms. Meena Kshirsagar i/b. Mr. S.R.Mishra for Ms. Meena Kshirsagar i/b. Mr. S.R.Mishra for Defendant No.1. Defendant No.1. Defendant No.1. CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. CORAM: ROSHAN DALVI, J. DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 DATED: 19TH DECEMBER, 2005 P.C. P.C. P.C. . Applicants and Advocate absent. This is a . Applicants and Advocate absent. This is a . Applicants and Advocate absent. This is a unique Chamber summons for an order directing the unique Chamber summons for an order directing the unique Chamber summons for an order directing the Court Receiver to pay the monthly deposit amount Court Receiver to pay the monthly deposit amount Court Receiver to pay the monthly deposit amount deposited by Respondent No.1 in the account of the deposited by Respondent No.1 in the account of the deposited by Respondent No.1 in the account of the partnership firm of the Plaintiff and the Defendants partnership firm of the Plaintiff and the Defendants partnership firm of the Plaintiff and the Defendants being M/s. G.K. Export Corporation to the being M/s. G.K. Export Corporation to the being M/s. G.K. Export Corporation to the Applicants. It also claims that no further amounts Applicants. It also claims that no further amounts Applicants. It also claims that no further amounts should be disbursed by the Court Receiver to any of ould be disbursed by the Court Receiver to any of ould be disbursed by the Court Receiver to any of the parties in this suit. the parties in this suit. the parties in this suit. . The Court Receiver has to act as per the order . The Court Receiver has to act as per the order . The Court Receiver has to act as per the order 2 of the Court appointing Court Receiver. The Applicant of the Court appointing Court Receiver. The Applicant of the Court appointing Court Receiver. The Applicant is stated to be a creditor of the firm of the is stated to be a creditor of the firm of the is stated to be a creditor of the firm of the plaintiff and the defendants. The monthly deposit plaintiff and the defendants. The monthly deposit plaintiff and the defendants. The monthly deposit amounts only accrue for the benefit of the successful amounts only accrue for the benefit of the successful amounts only accrue for the benefit of the successful party in this suit; it cannot be paid off to any party in this suit; it cannot be paid off to any party in this suit; it cannot be paid off to any creditors. Directing the Court Receiver to pay any creditors. Directing the Court Receiver to pay any creditors. Directing the Court Receiver to pay any creditors or withholding the amount by Court Receiver creditors or withholding the amount by Court Receiver creditors or withholding the amount by Court Receiver would in terms constitute a security for a creditor would in terms constitute a security for a creditor would in terms constitute a security for a creditor who is otherwise an unsecured creditor. All the who is otherwise an unsecured creditor. All the who is otherwise an unsecured creditor. All the parties appearing before me, being the plaintiffs, parties appearing before me, being the plaintiffs, parties appearing before me, being the plaintiffs, Defendants 1 as well as Defendants 2 and 3 state that Defendants 1 as well as Defendants 2 and 3 state that Defendants 1 as well as Defendants 2 and 3 state that the Chamber Summons is not maintainable. Chamber the Chamber Summons is not maintainable. Chamber the Chamber Summons is not maintainable. Chamber Summons is dismissed. N.O.C. Summons is dismissed. N.O.C. Summons is dismissed. N.O.C. (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)