Disposed
Kamleshsingh Harnamsingh Chowhan v. M/S.Rajesh Trading Company
Bombay HCWP/6854/2003
Case brief
from the order text
What is this about?
CONTINUATION SHEET NO. CONTINUATION SHEET…
What the court decided
AI extract
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6854 OF 2003
--------------------------------------------------------Office notes, office : Memoranda of Coram, : appearances, Court’s : Court’s or Judge’s Orders orders or directions : & Registrar’s orders. : --------------------------------------------------------Mr. V.N. Kantawala with Ms. Monika i/b M/s. Kantawala & Co. for the petitioner. Mr. Niranjan Vaghela i/b. M/s. Pandya & Co. for the respondents.
CORAM: SMT. RANJANA DESAI, J.
DATED: 1ST MARCH, 2005.
P.C. :-
Heard the learned counsel for the
parties.
| By | order | dated |
12/4/2001, | the |
|---|---|---|---|---|
| Small | Causes | Court appointed |
the | Court |
| Receiver, | High | Court, B |
ombay, | as |
| receiver | of | the suit pro |
perty. | An |
| objection | was | raised that |
the | receiver |
| cannot | be |
appointed unless |
and | until |
| the | Chief | Justice of the |
High | Court |
| grants | permission. | That |
order | is |
| challenged | by | the responde |
nts | in |
Appeal No.501 of 2002 which is pending before the Division Bench of the Small Causes Court. Thereafter, the petitioner sought modification of the order dated 12/4/2001 by taking out Misc. Notice No.2010 of 2002. That notice has been discharged and, hence, the petitioner has come to this court. The notice has been discharged basically on the ground that the appeal carried from order dated 12/4/2001 is pending before the Division Bench of the Small Causes Court. There is no dispute about this fact.
| In | this | petition, | the | petitioner |
|---|---|---|---|---|
| is | seeking | modification | of the |
said |
| order | dated | 12/4/2001. | The | learned |
| counsel | for the |
petition |
er states |
that |
| all | that is req |
uired to |
be done |
is to |
| substitute | the | words | "Court | Receiver" |
| by | the words |
"Regi | strar or |
any |
subordinate officer of the Small Causes Court at Bombay".
| In | my | opinion, | since | the D |
ivision |
|---|---|---|---|---|---|
| Bench | of the |
Small | Causes | Court | is |
| hearing | Appeal | No.501 | of | 2002, | it |
| should | consider | this | prayer | of | the |
appeal
petitioner while hearing the and pass appropriate orders
in
accordance with law after hearing the parties.
Writ petition is disposed of in
the aforestated terms.
All concerned to act on
authenticated copy of this order.
(SMT. RANJANA DESAI, J.)
Office notes
Office
Ranjana Desai
As recorded by the court registry
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