This motion for appointment of a Court Receiver in a suit under Ordinary Original Civil Jurisdiction is disposed of by accepting the defendant's undertaking on record, expediting the suit.
The defendant's undertaking dated 14/9/07 is taken on record and accepted; no other order passed at present.
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MSS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVILJURISDICTION
NOTICE OF MOTION NO. 2647 OF 2006
IN
SUIT NO. 663 OF 1996
M/s. KANTI ENGINEERING WORKS .. PLAINTIFFS
Vs.
BABAN SAKHARAM BANE .. DEFENDANT
Mr. K. J. Hakani for plaintiffs
Mr. S. K. Pathare for defendant
CORAM:SMT. RANJANA DESAI, J.
DATE: SEPTEMBER 14, 2007.
P.C.
. This motion is taken out by the plaintiffs inter
alia for appointment of Court Receiver.
2. I have heard the learned counsel for the
parties.
3. The learned counsel for the defendant says that
the defendant has no desire to create any third
party interest in the suit premises or part with
the possession thereof or in any manner carry out
any construction of permanent nature amounting to
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additions, alterations of the suit premises. He
submits that the defendant is ready to give the
usual undertaking to this court. He has tendered
in the court undertaking of defendant Baban
Sakharam Bane. A copy of the said undertaking has
also been handed over to the counsel for the
plaintiff. The learned counsel for the plaintiff
has approved it.
4. In the circumstances of the case, therefore, in
my opinion the motion can be disposed of by taking
the undertaking of the defendant on file and
accepting it. Hence the undertaking of the
defendant dated 14/9/07 is taken on record and
accepted. It is marked "X". For the present no
other order is necessary. Needless to say that the
plaintiff can renew his prayers or move for other
appropriate order, if the defendant commits breach
of the undertaking.
5. In the circumstances of the case, the suit is
expedited.
6. Motion is disposed of in the aforestated terms.
JUDGE.
Ranjana Desai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court