1 24.nms=3073-3240-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3073 OF 2011 IN SUIT NO. 2974 OF 2005. Mancherji J. Cama & Ors. ..Plaintiffs. vs. Viraf G. Ichhaporia. ..Defendant. .... Mr. Bali, i/b. Bali & Associates, for Plaintiffs. Mr. Raj Patel, i/b. Mr. N. Dinkar Rao, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 23RD NOVEMBER 2011. P.C. : By this Notice of Motion, the Plaintiffs seek directions against the Court Receiver, High Court, Bombay, to refund to the Plaintiffs royalty amount deposited by the Defendant in the Office of the Court Receiver amounting to Rs. 2 lacs together with interest accrued thereon. The said Notice of Motion is taken out pursuant to the consent terms dated 15th February 2011 entered into by and between the parties whereby the above Suit was disposed of. 2. Clause 4 of the consent terms reads thus :- “4. The Plaintiff shall be at liberty to withdraw and receive the amount deposited by the Defendant with the Court Receiver, High Court in Suit No. 2974 of 2005. In view of the aforesaid the Defendant agrees and undertakes to withdraw the Notice of Motion No. 3240 of 2009 filed by him in the High Court in the above Suit and thereby grant consent for witdrawal of said money by the Plaintiffs. The Defendant agrees and undertakes to continue the payment at the same rate of Rs. 5,000/- p.m. for the use and occupation of the suit premises for the period from October 2008 till the Defendant hands over peaceful possession of the suit premises directly to the Plaintiff every month without defaults.” 2 24.nms=3073-3240-09 3. From the above clause, it is clear that the parties had agreed that all the amounts deposited with the Plaintiff would be withdrawn by the Plaintiff and thereafter, the Defendant would continue to make the payment at the rate of Rs.5,000/- per month directly to the Plaintiff without defaults for the use and occupation of the Suit premises from the period October 2008 till the Defendant hands over the vacant and peaceful possession of the Suit premises. 4. Despite the above clause being so clear, the Defendant insists that he should be allowed to withdraw an amount of Rs. 15,000/- deposited by him with the Court Receiver being three months deposit at the rate of Rs. 5,000/- per month together with accrued interest thereon. The submission advanced on behalf of the Defendant is baseless and untenable and therefore rejected. 5. In view thereof, the Court Receiver shall hand over the amounts lying with him in the Suit Account to the Plaintiffs with accrued interest thereon, without passing accounts but subject to payment of costs, charges and expenses of the Court Receiver. The Notice of Motion is accordingly disposed of in terms of prayer clauses (a) and (b). 6. In view of this order, the learned Advocate appearing for the Defendant seeks to withdraw the Notice of Motion No. 3240 of 2009. The said Notice of Motion No. 3240 of 2009 is therefore disposed of as withdrawn. [ S.J. KATHAWALLA, J. ]