IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER' S REPORT NO.447 OF 2008 IN SUIT NO.2823 OF 2001 Duraiya Mansur Petiwala & Anr. ..... Plaintiffs V/s. Yusuf Hasanali Petiwala & Ors. .... Defendants Ms.Ispita Chatterjee i/by Dunmorr Sett, for the plaintiffs. Mr.Paritosh Jaiswal i/by Earnest Legal & Associates, for defendant No.9 & 10. Mr.Behram Shroff with Ashok Verma i/by Tejpal & Co., for defendant Nos.7 & 8. Mr.Subhash Jadhav i/by ATM Legal, for defendant No.3, 3A, 4 & 13. Ms.Beenal Panchal i/by Mahimtura & Co., for defendant No.12. Mr.G.G.Ketkar, 1st Assistant to Court Receiver. CORAM: R.Y.GANOO, J. DATED: 06th FEBRUARY, 2009. P.C. 1. The learned Taxing Master has submitted his report dated 02-02-2009. By the said report, it is observed that a sum of Rs.2,07,68,484.05 is payable to the plaintiffs towards satisfaction of the decrees in Summary Suit No.345 of 1999 and 346 of 1999. The learned counsel for the plaintiffs as well as defendants state that the amount as observed by the learned Taxing Master, be paid. The learned counsel for the plaintiffs upon instructions, makes a statement that plaintiff's company by name M/s.Wolstenholme International Ltd., exists and the name of the company is not struck off from the register of the Companies maintained by the Registrar of Companies. With this statement, a sum of Rs.2,07,68,484.05 can be ordered to be paid from the amount lying with the Court Receiver towards full and final satisfaction of the two suits as aforesaid. The learned counsel for the plaintiffs states that if any tax liability arises on account of receipt of the aforesaid amount, the plaintiffs shall attend to that tax liability, either by making payment or by challenging it before the appropriate forum. 2. Across the Bar, the Court is informed that certain amount have been paid by some of the defendants directly to the plaintiffs and it is now clear that the outstanding dues in regard to the decrees in so far as aforesaid two suits are Rs.2,07,68,484.05. Once this amount is paid, the decrees in both the suits will get satisfied. In view of the above observations, I pass the following order. : O R D E R : 1. The Court Receiver is directed to pay to the plaintiffs Rs.2,07,68,484.05 on or before 15-02-2009 from an account which is maintained by the Court Receiver. Once the payment is made to the plaintiffs in respect of the aforesaid amount, the decrees passed in Summary Suit No.345 of 1999 and 346 of 1999, shall stand satisfied. 2. The Court is informed through certain counsels that there are some other parties/persons who claim to be creditors of the defendants. Said parties/persons who have claim against the defendants are free to move appropriate court so as to obtain decrees against the defendants. 3. If some of the persons who are partners of the defendants and they have a claim against each other, they are free to file their claims and such claims shall be considered by the Court on its own merits. 4. With the above directions, this report is closed. ( R.Y.GANOO, J. )