1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.180 OF 2011 IN SUIT NO.2898 OF 2006 Housing Development Finance Corpn. Ltd. and others Plaintiffs versus Deeghesh Construction Pvt. Ltd. Defendant and Ms.Vinayak Construction Original Purchaser Mr.Uzail Kazi and Jyoti Sinha i/by Negandhi, Shah & Himayatullah for plaintiffs. Tushar Sonwane, Outright purchaser is present. CORAM : S.J.KATHAWALLA, J. DATE : 31st March 2011 PC : 1. By this Chamber Summons the purchaser seeks directions against the Court Receiver to effect and execute the sale deed of the property purchased by him in the name of his nominee Mr.Ratnakar Pawar i.e. the property bearing No.22, 23 and 24, Survey No.36/1 and the incomplete building premises on the said plot numbers being a part of Deegesh Tower Wing-C at Anandwali, Nashik-422 013. Since the purchaser has deposited the entire consideration o Rs.1.11 crores with the Court Receiver, the learned advocate for the plaintiffs has no objection if the Chamber Summons is allowed. The defendant has not appeared before the Court at any stage after the suit was decreed. The Chamber Summons is accordingly disposed of in terms of prayer clause (a). (S.J.KATHAWALLA, J.) 2 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.384 OF 2011 IN SUIT NO.2898 OF 2006 Housing Development Finance Corpn. Ltd. and others Plaintiffs versus Deeghesh Construction Pvt. Ltd. Defendant and Ms.Vinayak Construction Original Purchaser Mr.Uzail Kazi and Jyoti Sinha i/by Negandhi, Shah & Himayatullah for plaintiffs. Tushar Sonwane, Outright purchaser is present. CORAM : S.J.KATHAWALLA, J. DATE : 31st March 2011 PC : 1. In the above suit a decree dated 30th October 2007 was passed in favour of the plaintiffs and against the defendant. Pursuant to the said decree the property of the defendant was sold through the Court Receiver which sale was sanctioned by the Court by its order dated 23rd September 2010. The purchaser has deposited the entire consideration of Rs.1.11 crores with the Court Receiver. By this Notice of Motion the plaintiffs seek directions to the Court Receiver to hand over to them the said amount of Rs.1.11 crores together with interest accrued if any. The Court Receiver is directed to hand over the sum of Rs.1.11 crores deposited by the purchaser along with interest accrued thereon if any to the plaintiffs within a period of four weeks from today after deducting his costs, charges and expenses. The Notice of Motion is accordingly disposed of. The Court Receiver to act on an authenticated copy of this order. (S.J.KATHAWALLA, J.)