: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 COURT COURT COURT RECEIVER’S REPORT NO. 359 OF 2008 RECEIVER’S REPORT NO. 359 OF 2008 RECEIVER’S REPORT NO. 359 OF 2008 IN IN IN SUIT SUIT SUIT NO. 2832 OF 1997 NO. 2832 OF 1997 NO. 2832 OF 1997 M/s. Herms Travels and Cargo Pvt.Ltd. ... Plaintiffs. V/s. M/s. Hindustan Trading Co. & Anr. ... Defendants. And The Lakshmi Vilas Bank Ltd. ... Applicant. Ms. Alpana Ghone i/b. Shah & Sanghavi for the Plaintiffs. Mr. M. Shukla i/b. Desai and Diwanji for the Applicant. Mr. Deokar, 1st Assistant to Court Receiver. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 22ND 22ND 22ND OCTOBER 2008. OCTOBER 2008. OCTOBER 2008. P.C. P.C. P.C. : : : . This Court Receiver’s report is submitted pursuant to the earlier order and directions. 2. The Receiver seeks directions for disbursing the sale proceeds. 3. M/s. Lakshmi Vilas Bank Ltd. is the only other Claimant. It is stated by the said Bank that it has a charge on the property/sale proceeds thereof. 4. The Plaintiffs and the Bank sought adjournment on the last occasion and after seeking appropriate directions :2: and instructions have filed Consent terms before me in the proceedings. They have agreed to divide the sale proceeds in the proportion set out in clause 3 of the terms. They have also agreed that the amounts mentioned in the clause (b) be paid over as stated therein. Both the Plaintiffs and the Bank accept the sale and state that the sale proceeds are being shared after they have satisfied themselves that there are no other claimants. That apart, they have agreed to execute a Joint Indemnity in favour of the Court Receiver, High Court, Bombay. Further, both sides accept the correctness of the figures and accounts maintained by the Court Receiver. They have agreed to pay over the costs, charges and expenses to the Receiver so that he can be discharged. 5. Consent terms recording the above and signed by authorised signatories of both from Bank and Plaintiff and the Advocates are taken on record and marked ‘X’ for identification. Representative of the Plaintiffs and Defendant No.1 are present in Court. They fully endorsed the terms and state that this correctly reflects the agreement arrived at between them. In such circumstances, their will be an order in terms of the consent terms. The Court Receiver’s Report stands disposed off accordingly. However, the Court Receiver shall stand discharged without passing accounts but on payment of costs, charges, expenses and indemnity as directed above. :3: 6. The Plaintiffs state that they would duly produce before the Court Receiver proof of payment of advertisement charges and legal costs. 7. Notice of Motion No.3317 of 2008 in Suit No.2832 of 1997 does not survive in the light of the consent terms and the report. The same is also disposed of. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)