1 CHS NO.1391 OF 2008 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1391 OF 2008 IN SUIT NO.1479 OF 1994 State Bank of India : Plaintiffs versus Kensha Pure Foods Limited & Anr. : Defendants. And State of Maharashtra : Applicants. Ms.Uma Palsule-Desai AGP for the Applicants. Ms.Seema Jain i/by Chaturvedi & Associates for the Plaintiffs. CORAM:- R M SAVANT, J DATED :- APRIL 08, 2011. P.C. 1 By the above Chamber Summons the State Government through the Sales Tax Department claims the following reliefs :- “(a) That this Hon’ble Court be pleased to discharge the Court Receiver in respect of movable and immovable property of the Defendant No.1 appointed in the above matter to attach the movable and immovable property (b) That this Hon’ble Court be pleased to grant leave to the Applicant under the provisions of Order 21 Rule 52 of the Civil Procedure Code to attach the property of the Defendant No.1 so as to recover the arrears of sales tax” 2 CHS NO.1391 OF 2008 2 The learned counsel appearing for the Plaintiff-Bank points that the above suit has been transferred to the DRT by this Court by order dated 28/3/2001 and was numbered as Original Application No.172 of 2001 before the DRT-III, Mumbai. The Roznama annexed to the affidavit in reply of the Plaintiff- Bank also indicates that the Court Receiver of this Court was discharged and the Receiver of the DRT was appointed as the Receiver of the property of the Defendants. In the aforesaid set of facts no relief can be granted to the Applicants in the above Chamber Summons. The Applicants would be at liberty to move the DRT Mumbai by filing an appropriate application if so advised. 3 The learned AGP drew my attention to the order dated 2/12/1997 passed in Notice of Motion No.1000 of 1997 in the above Suit. By the said order the Plaintiff-Bank was directed to intimate the Applicants i.e. the State Government through Sales Tax Department of the intended sale. The Plaintiff was also directed to give notice in respect of distribution of the sale proceeds. The Plaintiff-Bank therefore to comply with the said directions in case of the eventuality mentioned in the said last paragraph of the said order arises. 4 The above Chamber Summons is disposed of with the aforesaid observations. (R M SAVANT, J)