:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 1465 OF 2008 SUMMONS NO. 1465 OF 2008 SUMMONS NO. 1465 OF 2008 IN IN IN SUIT SUIT SUIT NO. 1905 OF 1984 NO. 1905 OF 1984 NO. 1905 OF 1984 Dhan Minoo Bhathena. ...Plaintiff. V/s. Homai Dhanjishaw Daruwalla & Ors. ... Defendants. And Mr. Prithviraj Genmal Jain. ... Applicant. Mr. D.P. Chacha for the Plaintiff. Mr. Mahendra Rathod i/b. Jagjeet Rehel for the Applicant. Mr. Kiran Nikam i/b. S. Ashwinikumar & Co. for Defendant 16. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 1ST 1ST 1ST DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . This is a Chamber Summons to add the Applicant as a party Defendant to the Suit. It is stated in the affidavit in support that during the pendency of the Suit, the Applicant has acquired some rights in the property, which are more particularly set out in paragraphs 9 to 13 of the affidavit in support. The Chamber Summons is duly served on all parties. The affidavit proving service is filed. The Plaintiff’s Advocate is present and he has no objection to the amendment being granted. Similarly, the Advocate appearing for Defendant No.16 also has no objection. 2. Accordingly, the Chamber Summons is made absolute in terms of prayer clauses (a) to (c). :2: 3. The learned Advocate appearing for the Applicant states that the Applicant had stated before this Court that the Court Receiver’s order dated 24th September 2008 has not been complied with. My attention is invited by the Court Receiver, who is present today, to my earlier order dated 3rd October 2008. The Applicant’s Advocate states that on account of the illness of the mother of the Applicant he could not deposit the sum of Rs.1,10,000/- with the Court Receiver. Needless to state that if this amount is not paid/deposited with the Court Receiver on or before 6th January 2009, the Court Receiver would be at liberty to seek appropriate directions from this Court including dis-possession of the Applicant from the subject immovable property (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)