JUDGMENT - S.M. JHUNJHUNUWALA, J.:---In the suit filed by the plaintiffs to recover from defendants 1,2 and 3 the sum of Rs. 12,90,56,879/- with interest due thereon and for enforcement and sale of mortgaged and hypothecated securities and for other reliefs, as mentioned in the plaint, the defendants, 1, 2 and 3 have taken out the present Notice of Motion for discharge of the Receiver appointed by this Court on 13st February, 1990 and in alternative for directions to the Receiver to hand back to the 1st defendants the possession of the 1st defendants' factory premises taken on 12th August, 1991. It is also prayed that the sum of Rs. 20 lakhs deposited by the 2nd defendant and lying in this Court should not be disbursed but should be utilised in such manner as may be directed by BIFR for rehabilitation of the 1st defendants.

2. Since according to the plaintiffs the 1st defendants have been in tremendous financial difficulties their net worth having become negative, their liabilities being far in excess of the real assets, their share capital having been wiped out and they having stopped carrying on any business, the plaintiffs had taken out Notice of Motion bearing No. 479 of 1990 in

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