:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 428 OF 2007 SUMMONS NO. 428 OF 2007 SUMMONS NO. 428 OF 2007 IN IN IN SUIT SUIT SUIT NO.4832 OF 1996 NO.4832 OF 1996 NO.4832 OF 1996 Ibrahim Gulamhussain Tawawala ..Plaintiff V/s Mohmad Salebhai Gulamhussain Tawawala and others ..Defendants Shri Rajesh Kachare with Mr. Sandeep Suryawanshi i/b M/s Tamhane & Co. for the Plaintiff Shri Khojema Tayabally Tavawala -defendant No.7 present CORAM ; A.A.SAYED, J. DATE : 4TH MAY, 2009 P.C. 1. This Chamber Summons is taken out by the plaintiff for modification of the order dated 2nd March, 2007, passed in the aforesaid suit on the Court Receiver’s Report dated 12th January, 2007 and for directions to the defendants to contribute their 2/3rd share in respect of the proposed insurance policy/premium of the suit property. 2. The learned Counsel for the plaintiff submitted that it is an admitted position that the plaintiff has 1/3rd share in the suit property and that the rest of the defendants have 2/3rd share and therefore, the defendants should be directed to pay :2: the premium of insurance which is likely to be taken respect of the suit property to the extent of their share. 3. After hearing the learned Counsel for the parties, I am of the view that since the Court Receiver has been appointed at the instance of the plaintiff, the prayer of the plaintiff cannot be granted. But for the order of appointment of the Court Receiver which has been passed on the application of the plaintiff, the defendants would not have to bear any amount towards the insurance unless of course they specifically consent to take an insurance policy in that regard. The order dated 2nd March, 2007 records that the plaintiff has given an undertaking that he shall pay the insurance premium for the property. 4. For the reasons stated above, I am not inclined to modify the order dated 2nd March, 2007, whereby the plaintiff has been directed to pay the amount of insurance premium. 5. Chamber Summons is dismissed. :3: ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)