-1- MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2433 of 2008 IN CHAMBER SUMMONS NO.1836 OF 2004 IN SUIT NO.4667 OF 2000 Mrs. Rabia Abdul Gani ..Plaintiff Vs. 1.S.P. Sharma & Anr ..Defendants And Yyonne Aguiar ..Applicant Vs. The Court Receiver, High Court, Bombay. ..Respondents WITH NOTICE OF MOTION NO.2434 of 2008 IN CHAMBER SUMMONS NO.1833 OF 2004 IN SUIT NO.4667 OF 2000 Mrs. Rabia Abdul Gani ..Plaintiff Vs. 1.S.P. Sharma & Anr ..Defendants And Christopher William D’Souza. ....Applicant Vs. The Court Receiver, High Court, Bombay. ..Respondents WITH NOTICE OF MOTION NO.2439 of 2008 IN CHAMBER SUMMONS NO.1835 OF 2004 -2- IN SUIT NO.4667 OF 2000 Mrs. Rabia Abdul Gani ..Plaintiff Vs. 1.S.P. Sharma & Anr ..Defendants And Virgin William D’Souza ..Applicant Vs. The Court Receiver, High Court, Bombay. ..Respondents Mr. Sanjay Jain i/b. Harakchand & Co., for Plaintiffs Mr. P.M. Shah with Mr. Rajesh Singh for Applicant Mr. A.K.I. Shaikh, S.O. of Court Receiver present. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. CORAM: S.J.VAZIFDAR, J. DATED: 6TH AUGUST, 2008 DATED: 6TH AUGUST, 2008 DATED: 6TH AUGUST, 2008 P.C.: P.C.: P.C.: . Learned Counsel appearing on behalf of the Applicants who have taken out the above proceedings states that the Applicants intend to adopt proceedings for the purpose of discharging the Court Receiver and/or having the said order modified. 2. In view of the order appointing Court Receiver not being modified or the Court Receiver not being discharged the above proceedings do not survive atleast at this stage. 3. The above Chamber Summonses and Notices of Motion are accordingly dismissed. This will not -3- prevent the Applicants from adopting proceedings as aforesaid. 4. Mr. Jain, learned Counsel appearing for the Defendant No.2 states that the Defendant No.2 will not move the Court Receiver for a period of six weeks from today qua the rights of the applicants in the above proceedings. 5. Precipe dated 2nd August, 2008 for speaking to the order dated 16th July, 2008 is tendered in Court and taken on record. It is clarified that in respect of the order dated 16th July, 2008 the undertaking is only to bring back the amounts which were deposited by the Applicants in these Notices of Motion and not any other Motions. .....