1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 535 OF 2009 WITH CHAMBER SUMMONS NO.1036 OF 2009 IN SUIT NO. OF 2429 1997 N.D.Kamani Vs. Janson Engg.& Trading Pvt.Ltd. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Prothonotary/ Registrar's orders Court's or Judge's orders. Mr. M.S.Doctor along with Mr.M.V.Dave i/by Bachubhai Munim &Co. for the plaintiff. Mr .S. Reddy, General Manager of Defendant No.1 present. Mr.P.R.Kadam i/by Mahesh Jani & Co. for the Defendant No.6. Mr. Jagdish Kumar a/w Mr.A.Varma for the Defendant No.7. CORAM : R.S. MOHITE, J. DATE : 06th July, 2010 P.C. :- 1 This is a chamber summons taken out by the original plaintiff for a 2 direction to the Court Receiver to make the payment of the Municipal taxes as demanded by the Municipal Corporation. It is contended that an amount of Rs.27.00 lacs is lying with the Court Receiver. It is seen that, it is an admitted position that this amount has been paid by the defendant No.7 who claims to be the tenant. Said tenant has filed a suit in the Small Causes Court for declaration of tenancy. Advocate for the defendant No.7 states that he will entitled to claim the said amount in case, the suit is decreed. In this view of the matter, amount demanded by the Municipal Corporation cannot be paid from the amount lying with the Court Receiver. Chamber summons stands dismissed. CHAMBER SUMMONS NO.1036/2009 1 This is a chamber summons taken out by the original plaintiff for 3 direction to the defendant No.6 and the respondent to the chamber summons to make the payment of their respective share of taxes as demanded by the B.M.C. The wife of the defendant No.6 who is defendant No.8 and tenants/ residents are admittedly duty bound to pay the tax imposed upon the landlord. The landlord of the building is defendant No.1 company. The General Manager of the defendant No.1 is present in court and he stated that the defendant No.1 is under the process of raising funds for paying the municipal taxes. Advocate for the plaintiff states that so far as his share is concerned, he will willing to deposit the same with the defendant No.1 company provided the defendant No.1 will utilizes it only to meet the BMC dues arising out of their flat in their possession. The General Manager of the Company states that he has no objection. He states that he will file his affidavit before the next date 4 within which period payment will be made to the BMC by defendant No.1. S.O. for 2-weeks. (R.S. MOHITE, J.)