1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.511 OF 2009 IN COURT RECEIVER'S REPORT NO.372 OF 2008 ALONG WITH COURT RECEIVER'S REPORT NO.440 OF 2008 IN CHAMBER SUMMONS NO.2067 OF 2007 ALONG WITH NOTICE OF MOTION NO.3433 OF 2007 IN EXECUTION APPLICATION (LODG.) NO.510 OF 2003 IN SUMMARY SUIT NO.4491 OF 1996 Renuka Mohan Dhir ..Plaintiff. Vs. Unicorn Fantasies and another ..Defendants. And Court Receiver, High Court, Bombay ..Respondent. And M/s. Citi Link ..Assignees. And Bombay Surgical Works ..Applicant. And Brihanmumbai Mahanagar Palika ..Respondent. And Equator Thermoplastic Pvt. Ltd. ..Third party applicants. 2 AND CHAMBER SUMMONS NO.512 OF 2009 IN COURT RECEIVER'S REPORT NO.372 OF 2008 ALONG WITH COURT RECEIVER'S REPORT NO.440 OF 2008 IN CHAMBER SUMMONS NO.2067 OF 2007 ALONG WITH NOTICE OF MOTION NO.3433 OF 2007 IN EXECUTION APPLICATION (LODG.) NO.510 OF 2003 IN SUMMARY SUIT NO.4491 OF 1996 Renuka Mohan Dhir ..Plaintiff. Vs. Unicorn Fantasies and another ..Defendants. And Court Receiver, High Court, Bombay ..Respondent. And M/s. Citi Link ..Assignees. And Brihanmumbai Mahanagar Palika ..Respondent. And Enva Chem (India) Ltd. ..Third party applicants. .... Mr. A.S. Khandeparkar with Mr. Manoj M. Kondekar i/b Mr. J.N. Shiradhonkar for the Applicant – Enva Chem (India) Ltd. and Equator Thermoplastic Pvt. Ltd. Mr. H.S. Shreepad Murthy for the Applicant – Bombay Surgical Works. Mr. S.J. Khera for the Plaintiff. Mr. V.B. Tiwari for Defendant No.1. Ms. Pooja Acharekar i/b J.M. B. Partners for Defendant No.7. Mr. G.G. Ketkar – First Assistant to Court Receiver present. .... 3 CORAM: DR. D.Y. CHANDRACHUD, J. 6th April, 2009. P.C. : 1. The Chamber Summons have been taken out by two third party applicants viz. Equator Thermoplastic Pvt. Limited and Enva Chem (India) Limited seeking that an order dated 13th March, 2009 passed by the Court in Court Receiver’s Report No.372 of 2008 along with Court Receiver’s Report of 440 of 2008 be recalled. At this stage, it would suffice to note that by the order dated 13th March, 2009 this Court had directed the Court Receiver to take back forcible possession of the premises which were in the occupation of his agents who had defaulted in the payment of arrears of rent / compensation. 2. When the Chamber Summons came up on 13th March, 2009 this Court permitted the third party to deposit with the Court Receiver a pay order in the amount of Rs.5 lacs by 31st March, 2009 conditional upon which the Receiver was directed not to take possession from the third party. The Court has been informed that a 4 deposit has been effected in compliance with the order passed by the Learned Single Judge. There is no reasonable justification for the defaults which have been committed in the payment of the compensation due to the Receiver. Be that as it may, there is some merit in the submission that since due compliance has been made with the order dated 13th March, 2009 passed in these proceedings, some extension of time can be granted as and by way of a last and final indulgence for the payment of the balance of the arrears. In the circumstances, the two applicants to the Chamber Summons viz. Equator Thermoplastic Pvt. Ltd and Enva Chem (India) Limited are directed to deposit with the Court Receiver the balance of the arrears within a period of two weeks from today together with interest payable on the entire amount from the dates on which the respective payments were due at the rate of 9% per annum. In the event that there is a default in the payment of the balance of the amount together with the interest as directed, the Court Receiver shall proceed to take possession in terms of the order passed on 13th March, 2009. In the event that the entire amount together with interest is deposited, within a period of two weeks from today and 5 conditional on the aforesaid deposit, the order dated 13th March, 2009 would stand recalled insofar as the Applicants to the Chamber Summons are concerned. Before concluding it would be necessary to note that the benefit of the present order shall enure only to the two applicants who have moved the Chamber Summonses. Counsel appearing for the Applicants has submitted that M/s. Vapson Chemicals who is also independently in occupation of certain premises is now known as Enva Chem (India) Limited. If that be so, it would be open to the concerned party to adopt separate proceedings in respect of the premises which are in the occupation of M/s. Vapson Chemicals. In the event that such an application is taken out, the merits of the same shall be independently considered on the basis of the material that may be produced in support of the contention. The Chamber Summons are disposed of. *****