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1997 Supreme(Bom) 656

S.S.NIJJAR
Diwan Rahul Nanda – Appellant
Versus
Nitish G. Kotak and others – Respondent


JUDGMENT - S.S. NIJJAR, J.:---In the draft Notice of Motion, leave under Rules 147/148 of the High Court, O.S. Rules is granted to take out the Notice of Motion in terms of the draft Notice of Motion handed in. With consent of the parties, motion made returnable forthwith. Defendants waive service. Office is directed to register the Notice of Motion. The plaintiff is given time to register the Notice of Motion by 8th December, 1997. To be heard forthwith along with the Notice of Motion No. 3239 of 1995. This order will dispose of both the Notice of Motion.

2. The Notice of Motion No. 3239 of 1995 was taken out for appointment of the Receiver of the suit property and for injunction. The Notice of Motion came up for hearing on 22nd November, 1995. Ad interim injunction was granted. A perusal of the order shows that it was agreed between the parties that a sum of Rs. 19 lacs were paid by the plaintiff to the defendants on the basis of the agreement dated 26th October, 1995. In view of the above, the Counsel for the defendants made a statement at the bar after taking instructions that the defendants are willing to deposit a sum of Rs. 19 lacs in the Court within three months. It was, th












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