1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.820 OF 2009 WITH CHAMBER SUMMONS NO.1195 OF 2009 IN SUIT NO.2771 OF 2004 Dahiben R. Rajani & Ors. ....Plaintiffs V/s. Shreeji Pharmaceuticals & Ors. ....Defendants Mr.K.B. Purohit i/b Purohit & Purohit for the Plaintiffs. Mr.Piyush Shah for Defendant Nos.1 and 4. CORAM : S.J. VAZIFDAR, J. DATE : 4TH AUGUST, 2009. P.C. :- 1. Both the Chamber Summons have been taken out by the Plaintiffs. In Chamber Summons No.820 of 2009, the Plaintiffs have sought reliefs under Order XXI Rule 72 and 72-A of the Code of Civil Procedure to bid for the purchase of the property at the auction to be held by the Court Receiver in execution of the decree and order dated 18.9.2007 without payment of earnest money deposit of Rs.1,00,000/-. In Chamber Summons No.1195 of 2009, the Plaintiffs have sought leave under Rule 543 of the Bombay High Court Rules to set off their claim i.e. decretal debt against the purchase money bid at the said auction. 2. The Plaintiffs stand subrogated to the rights of the State Bank of India in respect of the claim in suit pursuant to the orders passed by the 2 D.R.T. The State Bank of India was holding the mortgage in respect of the suit property. The Plaintiffs are thus entitled to all the rights of the State Bank of India including as a mortgagee of said properties. 3. In view of the fact that the Plaintiffs are the first mortgagees, there can be no objection to the Plaintiffs being permitted to bid at the auction as well as to set off their claim on account of the decree held by them. 4. In the circumstances, Chamber Summons No.820 of 2009 is made absolute in terms of prayer (a) and Chamber Summons No.1195 of 2009 is also made absolute in terms of prayer (a). The remaining prayers shall be considered at the appropriate stage. 5. As the parties are negotiating a settlement, the auction process shall not be commenced till 15.9.2009. The Court Receiver shall make an appropriate application for the purpose of fixing the reserve bid thereafter. The Court Receiver while seeking orders to fix the reserve bid, shall invite the attention of the learned Judge to this order in order to ensure that the reserve bid is fixed in accordance with Order XXI Rule 72 and 72-A of the Code of Civil Procedure.