Appeal against an order appointing a Court Receiver. The court held there was no justification for such appointment. The appeal was allowed, setting aside the impugned order regarding the Receiver’s appointment.
The order dated 21.10.2005 appointing the Court Receiver is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE
APPEAL NO.1050 OF 2005 IN NOTICE OF MOTION NO.3159 OF 2005 IN SUIT NO.2842 OF 2005
Binoy Janak Maniar Appellant vs. Smt.Beena Manek Mehta Respondent
Mr.D.H.Mehta i/b.Mr.N.H.Pathak for the appellant.
Mr.V.R.Dhond with Mr.Sandip Parekh & Mr. A.S.Doctor i/b.M/s.India Law Alliance for the respondent.
CORAM : R.M. LODHA & D.G. KARNIK, JJ . DATED : 6th December 2005
P.C.
Heard.
respondent.
| 5. | Having c |
onsidere | d the |
matter | though | tfully, | we | are | of |
|---|---|---|---|---|---|---|---|---|---|
| the | view | that | there | is no |
justificat | ion | in | appo | inting |
| the | Court Receiver |
in | respect | of the |
suit | flat | by | way | of |
| an | ad-interim | order. | It is not |
in |
dispute | that | the |
2
| present defendant (appellant |
herein) had filed a |
Suit |
|---|---|---|
| for specific performance of th |
e contract relating to |
the |
| flat which is subject matter |
of the present Suit |
for |
| possession. The said Suit |
for specific performance |
was |
| filed by the present appellant |
in the year 2001. |
It is |
| his case that suit flat was |
agreed to be sold by |
the |
| plaintiff (respondent herein). |
In the circumstances, |
we |
| hardly find any justification |
for appointment of |
Court |
| Receiver. The order of |
temporary injunction r |
estraining |
| the defendant (appellant |
herein) from |
alienating, |
| encumbering or disposing of party rights or part with possession of suit flat shall meet the ends of justice. |
and/or creating any |
third |
| 6. Resultantly, we set |
aside the order |
dated |
| 21.10.2005. However, ad-interim |
order in terms |
of |
| prayer (d) shall remain operative until disposal of notice of motion. |
||
| 7. We clarify that the obser |
vations made by us are |
only |
| prima facie for consideration |
of appeal arising out |
of |
| an ad-interim relief and shall have no bearing in the consideration of notice of motion on its merits. |
(R.M.LODHA, J.)
1 issue framed by the court
Whether there is justification for appointing a Court Receiver in respect of the suit flat by way of an ad-interim order.
1 provisions across 1 enactments
Binoy Janak Maniar
Smt.Beena Manek Mehta
R.M. LODHA
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
