1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. SUIT NO.2833 OF 1997 WITH CHAMBER SUMMONS NO. OF 2009 Philips Medical Systems India Ltd & Anr. ...Plaintiffs. Vs. R.Radhakrishnan. ...Defendant. .... Mr. S.V. Doijode i/b. S.D.D. & Phatarphekar for the Plaintiffs. Mr. Yogendra Kanchan i/b. A.M. Bhatia for the Applicant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 22, 2009. P.C. The suit was instituted on 8th August 1997 for recovery of possession of a residential flat which was in the occupation of the Defendant as an employee of the Plaintiff. The services of the Defendant came to be terminated on 21st December 1995. Since he had not handed over possession, the suit came to be instituted. 2. On 14th August 1997, an ad-interim order was passed by the Learned Single Judge of this Court appointing the Court Receiver as 2 Receiver of the premises. The Defendant, however, was permitted to act as an agent of the Court Receiver, subject to the stipulations that may be imposed by the Receiver. Subsequently, on 10th February 1998, the Court Receiver was directed to put the Plaintiffs in possession of the flat and the Plaintiffs were directed to deposit an amount of Rs.3,67,000/- which represented the service dues of the Defendant. Subsequently, on 1st April 1998, on a Motion taken out by the Defendant, this Court recorded the statement of the Plaintiffs that the sum of Rs.3,67,000/- as directed, had already been deposited. The Plaintiffs agreed to issue a letter to the Provident Fund authorities for release of Provident Fund dues of the Defendant. The Court also directed that the Receiver shall take possession and hand it over to the Plaintiffs on the Plaintiffs’ delivering a cheque in the amount of Rs.2,22,000/- towards outstanding gratuity, leave encashment and other service dues. The Court has been informed by the Learned Advocate appearing on behalf of the Plaintiffs that the Plaintiffs received possession of the suit premises from the Receiver on 2nd April 1998. 3 -3. The Defendant died on 18th March 2005. A Chamber Summons has been filed by the eighty seven year old mother of the Defendant praying that she be brought on record. The applicant to the Chamber Summons has stated that she is the only legal heir of the deceased Defendant. An heirship certificate dated 25th January 2006 issued by the Government of Tamil Nadu, has also been annexed to the affidavit in support together with a certificate of death. The applicant also prayed that she may be permitted to withdraw the amount of Rs.3,67,000/- which has been deposited in this Court, pursuant to the order passed on 10th February 1998. -4. Since the Plaintiffs have received the possession of the premises, the Learned Advocate appearing on their behalf states that he has instructions to withdraw the suit. The Chamber Summons taken out by the mother of the Defendant is allowed in terms of prayer clause (a). The amendment may be carried out forthwith. In so far as the amount of Rs.3,67,000/- is concerned, this Court by its order dated 10th February 1998 has permitted the Defendant to 4 withdraw the amount subject to furnishing a proper security or indemnity to the satisfaction of the Prothonotary & Senior Master. The Learned Advocate appearing on behalf of the Applicant to the Chamber Summons states that the amount was not withdrawn. The Prothonotary & Senior Master is directed to verify as to whether the amount of Rs.3,67,000/- deposited by the Plaintiff in pursuance of the order dated 10th February 1998 was withdrawn by the Defendant. In the event that it has not been withdrawn, the applicant to the Chamber Summons is permitted to withdraw the amount together with accrued interest, if any, thereon. The amount, if any, that was deposited by the Defendant with the Receiver for the period when he was acting as an agent of the Receiver, is permitted to be withdrawn by the Plaintiffs together with accrued interest, subject to the deduction, if any, of costs, charges and expenses of the Receiver. The Receiver is directed to act on an authenticated copy of this order and to apply to the Court if it is necessary for any further direction. The Learned Advocate appearing on behalf of the Plaintiffs states that on 30th March 1998, a letter was 5 addressed to the LIC and Provident Fund authorities authorising them to pay the dues of the Defendant and that a copy of the letter was handed over to the Defendant. The Court Receiver is directed to hand over an authenticated copy of the aforesaid letter to the Learned Advocate appearing on behalf of the Applicant so as to facilitate further steps being taken by the Applicant. -5. In terms of the request made before the Court, the suit is permitted to be withdrawn. The Court Receiver shall stand discharged without passing accounts. 6. The Chamber Summons is accordingly disposed of. 7. Refund of Court fee, if any, as per the rules. .....