1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.78 OF 2011 IN SUIT NO.3313 OF 2005 Bhavnesh Harish Gandhi and another Plaintiffs versus Prithvi Vallabh Bhalchandra Rawat and others Defendants Naseem Patrawalla i/by M/s.Pravin Mehta & Mithi for plaintiff. Nisha Parmar i/by Tushar Goradia for defendant no.7. P.N.Patwardhan i/by Kuntilal Kanojia for defendant nos.1 and 2. Niranjan Lapasia for defendant no.4. G.G.Ketkar, 1st Assistant to Court Receiver present. CORAM : S.J.KATHAWALLA, J. DATE : 25th April 2011 PC : 1. Heard learned advocates for the parties. Admittedly the plaintiffs have not complied with the order passed by the Appeal Court dated 19th-20th January 2010 directing the plaintiffs to deposit an amount of Rs. 18.00 lakhs with the Court Receiver for using the suit premises i.e. Flat No.101 (the said flat). The plaintiffs have admittedly deposited the pay orders of HSBC Bank with the Court Receiver dated 18th December 2010 aggregating to Rs.8.00 lakhs and the balance of Rs.10.00 lakhs is yet to be deposited. The Court Receiver is allowed to encash the said pay orders aggregating to Rs.8.00 lakhs. The learned advocate appearing for the plaintiff undertakes to deposit a further sum of Rs.11.50 lakhs (Rs. 10.00 lakhs towards balance amount + Rs.1.50 lakhs towards interest for the delay) with the Court Receiver on or before 6th June 2011 and further undertakes to forthwith hand over quite, vacant and peaceful possession of the said flat to the Court Receiver in case of failure to deposit the sum 2 of Rs.11.50 lakhs on or before 6th June 2011. The undertakings are accepted. It is clarified that if the plaintiffs fail to deposit the sum of Rs. 11.50 lakhs on or before 6th June 2011 and also fails to forthwith hand over possession of the said flat to the Court Receiver, the Court Receiver shall, without reference to this Court, take possession of the suit flat from the plaintiffs, if necessary with police help. This order shall not prejudice any of the proceedings taken out by the parties to the suit before this Court and/or before the Appeal Court. 2. From the amounts deposited by the plaintiff with the Court Receiver, they shall be at liberty to apply for reimbursement of statutory dues paid by them in respect of the said flat. If such an application is made, the same shall be decided on its own merits. Needless to add that the parties shall comply with the orders passed by this Court as well as the Appeal Court. The Court Receiver's Report is accordingly disposed of. (S.J.KATHAWALLA, J.)