1 4.JO.73.11.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION JUDGE’S ORDER NO.73 OF 2011 IN SUIT NO.3222 OF 2006 LeasePlan India Ltd .. Plaintiff versus Hotel Sai Siddhi Private Limited ..Defendant --------------------------------------- Mr.N.Rodrigues i/b Ajit Anekar,for the Plaintiff. Mr.G.G.Ketkar,1st Asst to Court Receiver present. CORAM: S.J.KATHAWALLA, J. DATED: APRIL 21, 2011 P.C. The above Suit is filed by the Plaintiff seeking an order and decree against the Defendant to pay to the Plaintiff a sum of Rs. 66,79,430/- as per the particulars of claim at Exhibit ‘C’ to the Plaint and for a declaration that the five vehicles more particularly described in Exhibit ‘A’ to the Plaint are validly hypothecated and charged in favour of the Plaintiff to secure the repayment of the amounts claimed by the Plaintiff. 2 By an order dated 17th July,2007(Coram S.J.Vazifdar,J) , the Court Receiver was directed to sell the said vehicles after 2 4.JO.73.11.sxw issuing an advertisement in two local newspapers one in English and the other in Marathi. The Plaintiff was directed to serve a copy of this order on the Defendants forthwith. The Defendants were also granted liberty to bid at the auction. The Plaintiff was also granted liberty to withdraw the sale proceeds. However, the Plaintiff has failed and neglected to comply with the order dated 17th July,2007. They have not served a copy of the said order on the Defendant till date. They have also failed to issue advertisement in two local papers as directed by this court. 3 The Plaintiff has now moved the present Judge’s Order seeking leave to sell the vehicles by Private treaty and direct the Court Receiver to allow the Plaintiff to do so, thereby seeking to give a complete go by to the said order dated 17th July,2007. This cannot be allowed. The Plaintiff shall first comply with the order dated 17th July, 2007 passed by this court. No orders are therefore passed on the Judge’s order. ( S.J.KATHAWALLA, J ) 3 4.JO.73.11.sxw