1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1782 of 2008 . in Suit No. 2823 of 2001 Duraiya Mansur Petiwala & Anr. .. Plaintiffs v/s. Yusuf Hasanali Petiwala & 17 Others ..Defendants And Shri Devraj R. Pandye ..Applicant And The Court Receiver, ..Respondent Ms.Sunita Tiwari for the Applicant in Chamber Summons. Mr. Shardul S. Singh i/b. Dunmor Seth for the Plaintiff. Mr.P. Jaiswal i/b. Earnest Legal for the Defendant No.9 Mr.Ashok Varma i/b. Tejpal & Co. for the Defendant Nos.7 and 8 CORAM : R.Y.GANOO, J. DATED : 21st April, 2010 P.C. : 1. The Receiver, High Court, Bombay was appointed in respect of the 2 properties covered in this suit. The Applicants, were appointed as Security Guards and were working under the instructions of the Receiver as regards guarding of the property. The Applicants claim that they are entitled to recover from the Receiver Rs.5,82,523/- towards the services rendered, being the charges to be paid to the Applicants. It is noticed that despite reminders, the Receiver has not paid the amount. Hence this Chamber Summons. 2. It is also noticed that the property in regard to which the Security Guards were appointed is now disposed of and sale proceeds are lying with the Court Receiver. 3. Learned Advocate Mr. Varma and learned Advocate Mr.Jaiswal appearing on behalf of the respective Respondents objected to the Order in favour of the Applicants on the ground that the bills are inflated bills and the Applicants are not entitled to receive the principal amount. It was also argued that interest charged at the rate of 18% is on higher side and in fact Applicants are not entitled to any interest whatsoever. 3 4. It is not in dispute that the Applicants had not at all rendered services. Some objections were raised as regards deploying the actual strength and demand monies in excess. In my view, such objections now cannot be raised when the property was duly guarded and it is common ground that it was not encumbered. The applicants are entitled to the principal amount of Rs.5,82,523/-. So far as the interest is concerned, the Applicants claim for interest at the rate of 18% per annum is on higher side and the Applicants can be granted interest at the rate of 10%. Hence the following Order is passed to dispose off the Chamber Summons. ORDER i) Receiver, High Court, Bombay is directed to pay to the Applicant amount of Rs.5,82,523/- (Rupees Five Lakhs Eightytwo Thousand Five Hundred and Twenty three Only) ii) Receiver, High Court, Bombay is directed to pay to the Applicant interest at the rate of 10% per annum on Rs.5,82,523/- from 1.3.2004 to 20.2.2007. 4 iii) Receiver, High Court, Bombay to calculate the amount of interest and make the payment in terms of this Order within 10 days from the service of authenticated copy of this order. iv) There shall be no order as to costs. [R.Y.GANOO, J.]