IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2524 OF 2005 IN APPEAL NO. 721 of 2005 IN NOTICE OF MOTION NO.1515 OF 2003 IN SUMMARY SUIT NO.2323 OF 2000 Smt.Mamta Pankaj Dharia & ors. .. Appellants versus Shri Jagat P. Shah .. Respondent ... Mr.R.T. Parekh for the applicant. Mr.R.D. Dave i/b M/s.N.N. Vaishnawa & Co. for the respondent. CORAM : R.M. LODHA AND CORAM : R.M. LODHA AND CORAM : R.M. LODHA AND D.G. KARNIK, JJ D.G. KARNIK, JJ D.G. KARNIK, JJ DATED : 20th December 2005. DATED : 20th December 2005. DATED : 20th December 2005. P.C.: Heard. 2. We are informed that the appellants are owners of flat no.604 situate at Shirin Apartment, Opposite Ganga Jamuna Cinema, Tardeo, Mumbai and in respect of the said flat, the Court Receiver has already been appointed by virtue of the order passed in Notice of Motion no.1515 of 2003. In view thereof, we are satisfied that no further security of the balance amount to the satisfaction of Prothonotary and Senior Master of this Court is necessary. We modify the order dated 12th September 2005 accordingly. We further clarify that though the Court Receiver shall continue in respect of the aforesaid flat, yet the appellants shall not be physically dispossessed therefrom and that they shall be permitted to act as an agent of the Court Receiver without security and royalty. 3. Notice of Motion stands disposed of accordingly. (R.M. LODHA, J) (R.M. LODHA, J) (R.M. LODHA, J) (D.G. KARNIK, J) (D.G. KARNIK, J) (D.G. KARNIK, J)