IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3748 OF 2008 IN SUIT NO.1939 OF 2008 Vikram Rasiklal Chinai ...Plaintiff V/s. Ram Motiram Mhatre & Anr. ...Defendants ...... Mr.D.D.Madon, Sr.Counsel i/b M/s.Malvi Ranchoddas & Co. for Plaintiff. Mr.P.S.Dani i/b Mr.E.A.Sasi for Defendants 1 & 2. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. NOVEMBER 24, 2008. NOVEMBER 24, 2008. NOVEMBER 24, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. This Motion is finally disposed of by consent of the parties. It is noticed from the order dated 11th August 2008 that self operative order was passed by this Court. In terms of the said order, the Defendants were given time to make payment specified in the Consent Terms, failing : 2 : which, ad-interim order dated 14th July 2008 was to continue further during the pendency of the Suit. Besides, the Plaintiff was given liberty to proceed with the present Suit. 3. It is not in dispute that the Defendants have failed to comply with their obligation of repaying aggregate sum of Rs.75,50,000/- (Rupees Seventy-five Lakhs Fifty Thousand). The Defendants have not only failed to pay that amount within specified time but have not approached this Court for further time to pay the same. In other words, the Defendants are not in a position to pay the specified amount as of now. As and when the Defendants are in a position to comply with that obligation, it will be open for them to approach this Court for appropriate directions as may be advised. 4. For the time being suffice it to observe that in view of the self operative order dated 11th August 2008, the injunction granted against the Defendants in terms of order dated 14th July 2008 would continue till the disposal of the Suit with : 3 : liberty to the Plaintiff to pursue the present Suit in accordance with law. In this view of the matter, I see no propriety in appointing Court Receiver, as no subsequent events have been pleaded to justify that relief. 5. This Motion is therefore disposed of with liberty to the Plaintiff to apply for the same relief if and when it becomes necessary to press for such relief in future. A.M.KHANWILKAR, J.