[1] IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.21 OF 2006 IN SUIT NO.3706 OF 1995 Rajesh Omprakash Kakkar & Anr. .... Plaintiffs Vs. Keval Krishna Hitkari & Ors. .... Defendants And Avenue Supermarts Pvt. Ltd. .... Respondents Sarvasri P.N. Mody i/b Joseph Fernandes, Advocates, for the Plaintiffs. Ms Snehal Shah a/w Shri G.R. Mehta, Advocates for the Defendant No.2. Sarvasri Shailesh Shah a/w Soloman, Advocates i/b M/s. Soloman & Co. for the Defendant Nos.4(a) & (b) & 5 & in support of the N/M. Sarvasri Iqbal Chagla, Senior Counsel a/w D.J. Khambatta, Senior Counsel, & S.V. Doijode and Ms Minakshi Iyer, Advocates i/b M/s. Doijode Associates for the Defendant Nos.6 and 7. Sarvasri Virag Tulzapurkar, Senior Counsel and P.K. Samdani, Senior Counsel i/b M/s. Wadia Ghandy & Co. for the Respondents. CORAM: CORAM: CORAM: SHRI A.V. NIRGUDE, J. DATED: DATED: DATED: FEBRUARY 10, 2009 P.C: P.C: P.C: For the reasons separately recorded, the following order is passed: 1. The respondents shall deposit a sum of Rs.2,28,15,000/- with the Prothonotary & Senior [2] Master, High Court, Bombay within one week from the date of signature on the detail order, who should forthwith invest the said amount in any nationalised Bank as fixed deposit. 2. The Advocate for the defendant Nos.4A, 4B and 5 shall return the Pay Order dated 5-8-2005 for the amount of Rs.2,28,15,000/- back to the respondents against the aforesaid deposit to be made by the respondents for cancellation of the same. 3. Within one week therefrom, the defendant Nos.2, 4A, 4B, 5 and 6 shall handover the original title deeds of the Chembur property to the Prothonotary & Senior Master, who shall keep the same in safe custody. Within one week therefrom, the Court Receiver shall take formal possession of the Chembur property and get it vacated from the defendants and any party claiming through them. The Receiver shall then intimate to the respondents about the vacant possession being available and within one week therefrom the respondents shall deposit the remaining consideration of Rs.17,86,85,000/- with the Court Receiver, High Court, Bombay. In case the amount is not deposited within one week [3] as directed, then the deposit amount of Rs.2,28,15,000/- shall stand forfeited and shall be handed over to the credit of the suit. 4. In case the amount is deposited as directed above, the defendant Nos.2, 4A, 4B, 5 and 6 and Shri Sanjay Sawhney (the heir of the defendant No.8) shall execute, register and duly admit the execution before the Sub-Registrar of an irrevocable Power of Attorney in the format annexed at Exhibit-12 to the affidavit in reply of the respondents dated 18-10-2007, at the cost and expenses of the respondents. The Court Receiver shall then handover the possession of the Chembur property to the respondents and shall also handover the original title deeds and thereafter the Prothonotary & Senior Master shall handover the original title deeds to the respondents. 5. In case the defendants above-mentioned fail to execute the Power of Attorney, as aforesaid, then the Court Receiver shall execute the same and register it at the costs and expenses of the respondents and further if the respondents want, they shall also execute the deed of conveyance at the costs of the respondents. [4] 6. The respondents to indemnify and keep indemnified the defendants against all actions, demands, claims, costs, charges and expenses by reason of any claim on account of any act or omission of the Attorneys under the Power of Attorney to be executed in their favour. 7. After the completion of the aforesaid sale in favour of the respondents, the parties shall be entitled to distribution of the amount and any one of them may apply to the Court for distribution of the same in terms of the order of the Supreme Court dated 11-12-2000 and the order of this Court dated 15-4-2004. 8. The respondents shall pay to the Court Receiver the costs, charges and expenses of the Receiver to be worked out on the basis of actuals incurred and estimated by the Court Receiver and not on the basis of commission and the Court Receiver shall stand discharged without any further order of this Court. 9. In case of any difficulty, liberty to the party to approach the Court. [5] At this stage, the learned senior counsel appearing for the defendant Nos.6 and 7 makes oral request for stay of operation of this order for a period of six weeks. Request granted. The effect and operation of this order is stayed for a period of six weeks from the date of signature on the detail order. (A.V. Nirgude, J.) sjs/F9nm21.6 sjs/F9nm21.6 sjs/F9nm21.6