- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COURT COURT COURT RECEIVER REPORT NO.303 OF 2008 RECEIVER REPORT NO.303 OF 2008 RECEIVER REPORT NO.303 OF 2008 SUIT SUIT SUIT NO.807 OF 1975 NO.807 OF 1975 NO.807 OF 1975 AND AND AND SUIT SUIT SUIT NO.40 OF 1992 NO.40 OF 1992 NO.40 OF 1992. Radhabai Arjun Rachh & Ors. ...Plaintiffs. vs. Hansabai Meghji Velhi Rachh & Ors. ...Defendants. .... Mr. V.D. Upadhyay, for the Plaintiff No.3. Mr.P.N. Gupta, Sentinel Security Services, Supervisor, appear in person. Mr. D.V. Deokar, First Assistant to Court Receiver. .... CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 20,2008 : NOVEMBER 20,2008 : NOVEMBER 20,2008. P.C.: P.C.: P.C.: . The learned counsel representing the third plaintiff states that the other plaintiffs have since expired. He states that the third plaintiff is present in the Court. 2. The first prayer in this report is for a direction that the Receiver be discharged without passing account on payment of his costs, charges and expenses. The second prayer is for directing the plaintiffs to deposit a sum of Rs.11,26,212/- towards the arrears of security charges from July 1999 to July 2008 within the time fixed by this Court. The learned counsel - 2 - appearing for the third plaintiff on instructions of the third plaintiff states that the said plaintiff is willing to settle the dues of M/s. Sentinel Security Services by directly negotiating with the said security services. Mr.P.N. Gupta, Supervisor of M/s. Sentinel Security Services is present and he states that he has no objection if the issue regarding outstanding payment of the security charges is resolved by amicable settlement between the third plaintiff and the said security agency. The statements made by the learned counsel appearing for the third plaintiff as well as the representative of M/s. Sentinel Security Services are accepted. Therefore, it is not necessary to issue any direction in terms of prayer clause (b). 3. The Court Receiver has been already ordered to be discharged. The learned counsel appearing for the third plaintiff states that the third plaintiff will pay the costs, charges and expenses of the Court Receiver within the period of two weeks from today. The statement is accepted. 4. The Court Receiver’s report is disposed of by passing the following order :- (1) The Court Receiver will stand discharged without - 3 - passing account on the third plaintiff making payment of costs, charges and expenses as per the statement made by the learned counsel for the third plaintiff. (2) As the third plaintiff and the concerned security agency have agreed to resolve the dispute regarding the outstanding payment of security charges by mutual agreement, no direction is required in terms of prayer clause (b). (3) The prayer clause (d) is granted. (4) If some amount payable towards the security charges is lying deposited with the Court Receiver, the said amount shall be released to the security agency. (4) Parties to act upon an authenticated copy of this order. [A.S.OKA,J.]