LAWS(BOM)-1997-9-111

SYNDICATE BANK Vs. CEEJAY INDUSTRIES

Decided On September 04, 1997
SYNDICATE BANK Appellant
V/S
Ceejay Industries Respondents

JUDGEMENT

(1.) THIS is the Defendants' Notice of Motion for extension of time for paying the arrears of royalty. Learned Counsel for Plaintiffs strongly oppose the Notice of Motion on the ground that Defendants are in arrears of more than Rs.16 lakhs (to be verified from the records of the Plaintiffs) and that sufficient indulgence was shown to the Defendants earlier also.

(2.) IN fact considering the numerous default committed by the Defendants. The Defendants do not deserve any indulgence from the Court. However, considering the fact that Defendants are running the factory, that there are twenty workers employed by them (as alleged by them) and willingness shown by the Defendants to pay to the Plaintiffs Rs.8 lakhs within ten days. I propose to give one chance as a last chance to the Defendants.

(3.) IT is made clear that this is a last change granted to the Defendants for clearing the arrears on humanitarian ground and not because he has got any legal rights. If the Receiver has before communication of this Order taken possession of the suit premises the Receiver will retain the possession and will return the same to the Defendants on the earlier terms after the Defendants deposit Rs.8 lakhs within 10 days from today with the Plaintiffs. After the arrears are cleared in the above manner the Defendants will continue to pay Rs.50,000/- per month as per the earlier order. Notice of Motion disposed off accordingly. Receiver to act on the ordinary copy of this order duly authenticated by the Associate of this Court.