1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 2012 of 2009 in Suit No. 4561 of 2009 Snehalata Chotalal Mody .. Plaintiffs v/s. Gunvantrai Shivlal Gupta & Others ..Defendants None for the Plaintiffs. Mr.D.C.Shah i/b. Indu D. Shah for the Defendants in support of the Notice of Motion. CORAM : R.Y.GANOO, J. DATED : 30th August, 2011 P.C. : 1. This motion is taken out for discharge of the Court Receiver as the suit is dismissed by Order dated 9.6.2011. The defendant no.1 has taken out the motion for the aforesaid relief and has by prayer clause (b) prayed that the amount lying with the Receiver be paid to him. 2. Learned Counsel appearing on behalf of the defendant no.1 submitted 2 that defendant no.4, Central Bank of India had deposited the amount from time to time, pursuant to the orders passed by the court when the suit was pending. According to Mr.Shah, the amount was deposited by defendant no.4 towards rent. Since the dispute relating to the property is not resolved on account of the dismissal of the suit, the defendant no.1 will not be able to claim the amount. Defendant no.4 has deposited the said amount towards rent, hence the amount lying with the Receiver should be repaid to the defendant no.4. In view of the above, following order is passed. ORDER i) Motion is made absolute in terms of prayer clause (a). Receiver stands discharged without passing accounts. ii) If any amount is lying with the Court Receiver and if it is invested the Court Receiver shall redeem the said Fixed Deposit receipt at the time of actual payment and pay the said proceeding of the suit to defendant no.4 along with interest accrued. Iii) Receiver shall intimate defendnt no.4 about the right of defendant no.4 to come and collect the amount. The Receiver shall wait for a period of 8 weeks from the date of service of the said communication upon the defendant no.4. If the defendant no.4 does 3 not turn up to come and collect the amount, the Court Receiver shall credit the same amount to his account. iv) If the defendant no.1 wants to recover from the defendant no.4 any amount towards rent, on the ground that the defendant no.1 is the landlord and that the is entitled to do so, he shall be at liberty to adopt appropriate proceedings before proper Court to recover the rent amount from the defendant no.4. All questions in that behalf are kept open. v) Motion stands disposed of in above terms with no order as to costs. vi) Advocate Mr. Shah is directed to forward an authenticated copy of this order to the defendant no.4. The delivery of the said letter should be by hand delivery. [R.Y.GANOO, J.]