- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 2109 OF 2008 IN SUIT No. 1474 OF 1991 Mohamed Ali Hussain alias Mohamed Ali Mojeznama Haideri Iranian & Anr. ... Plaintiffs Vs. Mohammed Hussain s/o Mahom Edali Mojezhama Heideri ... Defendant *** Mr. Naseem Patrawala i/b Pravin Mehta & Mithi, for the original Plaintiff. Ms. Jyoti Chavan, for the Defendant. *** CORAM : S. J. VAZIFDAR, J. DATE : OCTOBER 6, 2009. PC :- 1. This suit and suit No. 649 of 1986 are filed by different partners of the partnership firm the King Restaurant and Stores for dissolution and accounts. 2. This suit has abated as both the plaintiffs have expired and their heirs have not been brought on record. 3. By this Notice of Motion, the defendant seeks to - 2 - withdraw a sum of Rs.4,00,000/- deposited by him pursuant to the order dated 27th January 1992 in Notice of Motion No. 1253 of 1991 and Notice of Motion No. 87 of 1992 in the above suit. The defendant also seeks a direction that an amount of Rs.96,000/-also lying with the Court Receiver be deposited to the account of Suit No. 648 of 1986 on his behalf and transfer the remaining amount lying with the Court Receiver, deposited by the defendant on his behalf to the account of the Court Receiver in Suit No. 648 of 1986. 4. The basis of this prayer is that the defendant in this suit is also defendant No.3 in Suit No. 648 of 1986. Pursuant to the interim order passed in Suit No. 646 of 1986 defendant no. 3 has been appointed as an agent of the same premises of which he is appointed as an agent in this suit. It is further stated that the defendant has deposited the very same amounts with the Receiver in Suit No. 648 of 1986. In fact it is contended that the amounts paid to the Court Receiver in the other suit is higher at Rs.10,000/- per month. 5. In any event the suit having abated, the defendant is entitled to withdraw this amount. 6. In the circumstances, the Notice of Motion is made absolute in terms of prayer Clause (a) and (b). 7. The order shall not be implemented upto 30th November 2009 or for a period of 4 weeks after service of this - 3 - order on the advocates of all the parties in Suit No. 648 of 1986 whichever is later. 8. Liberty to the defendant to apply in Suit No. 648 of 1986 for the withdrawal of the amounts in excess of Rs.4,00,000/- lying with the Receiver in this suit.