IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3020 OF 2006 IN SUIT NO.2551 OF 2006 WIMCO Limited ..... Plaintiff V/s. Matoshree Shelters Pvt. Ltd.. & Ors. .... Defendants And WIMCO Kamgar Sanghatana & Ors. ..... Respondents Mr.Ashwini Rupji i/by Nanu Hormusjee & Co., for the plaintiff. Ms.Rashmi V. Sawant i/by M/s.Mansukhlal Hiralal & Co., for the defendants. Mr.K.L.Vyas, Court Receiver & Mrs.Uma Srivastav, 2nd Assistant to Court Receiver, present in Court. CORAM: R.Y.GANOO, J. DATED: 14th JANUARY, 2009. P.C. 1. Not on board. Taken on board. 2. The learned counsel for defendants had put up a note seeking allotment of ten flats to the ten employees as per the list, which is supplied separately. According to the learned counsel for the defendants, these ten employees are entitled to the respective flats as they have paid to the defendants costs as per the agreement. The learned counsel for the plaintiffs has perused the said list and she records that she has no objection for allotment of ten flats to the persons, whose names are mentioned in the list. 3. It was brought to the notice of this Court that the plaint is ordered to be returned to the plaintiff for filing the same before the appropriate court. In the normal course, I would not have passed the order as prayed for by the defendants. Since the persons have paid the monies, they should not be deprived of benefit of these flats respectively. Hence, I am inclined to pass an order as prayed for by the counsel for the defendants. Hence, the order. ORDER 1.. The Court receiver, High Court Bombay, shall deliver possession of the respective flats to the respective employees mentioned in the list. 2. This shall be done as expeditiously as possible. 3. The defendants to annexe the list addressed to the Court receiver along with the certification of the learned counsel for the plaintiffs that they have no objection that the flats are being allotted to the employees. 4. The Court Receiver shall act on a copy of this order duly authenticated by the Personal Assistant of this Court. ( R.Y.Ganoo, J. )