Dismissed

mrs. rabia abdul gani v. s.p. sharma and Anr. and mrs. shanti murgesh nadar and court receiver,high court bombay

Bombay HC29 Sept 2009CHS/595/2006

Case brief

AI extract

What is this about?

The High Court held that a Chamber Summons seeking to restrain the Court Receiver from taking physical possession of a shop became infructuous after a final order settled the arrangement of formal possession. The court declined the application.

What did the court decide?

Chamber Summons declared infructuous and disposed of. Application for continuation of interim restraining order declined.

mrs. rabia abdul gani Vs s.p. sharma and Anr… — Civil Procedure and Limitation | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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CHAMBER SUMMOMS NO. 595 OF 2006 IN

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SUIT NO. 4667 OF 2000

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Mrs.Rabia Abdul Gani

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...Plaintiff

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vs.
S.P. Sharma & Anr....Defendants
and
Mrs.Shanti Murgesh Nadar...Applicant
and
Court Receiver, High Court,
Bombay...Respondent

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Mr.Rajesh Singh for the Applicant.
Mr.Chetan Kapadia with Mrs.Yogini Gada i/b.
M/s.Harakchand & Co. for Defendant No.2.

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 CORAM : V.M. KANADE, J.

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DATED : SEPTEMBER 29, 2009

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P.C. :-

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1Heard Counsel for the applicant and Counsel
for the defendant no.2.

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2The applicant is seeking the following

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reliefs :-

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(a)That this Hon�ble Court be pleased to

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restrain the Court Receiver, High Court,
Mumbai from acting upon and/or from giving
effect to his notice/letter dated 14th

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February, 2006 and 31st March, 2006.

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(B)That this Hon�ble Court be pleased to
restrain the Court Receiver, High Court,
Mumbai from taking physical possession of
the Applicant�s Shop No.5, �A� Wing, Ground
Floor, Church View Apartment, Gautam Buddha
Marg, Orlem, Malad(W), Mumbai 400064 and

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from collecting any payment by way of

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compensation/royalty from the Applicant in

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respect of the above shop,

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(c)For interim and adinterim reliefs in
terms of prayer clauses (a) and (b)

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hereinabove.

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(d)Costs of this Chamber Summons be
provided for and;

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(e)Such other and further reliefs as the
nature and circumstances of the case may
require.

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3It is an admitted position that the Court
Receiver has taken formal possession of the shop of

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the applicant and the applicant has paid royalty to
the Court Receiver as agent of the Court Receiver

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and as such, the Court Receiver has not taken
physical possession. The following order was passed
by Justice Khanwilkar in Notice of Motion No.
3280/2007.

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�1.As it is not in dispute that
the Court Receiver has been appointed
as back as in 2001, that arrangement
be continued till final hearing of
the motion. Motion be placed for
hearing on 2nd November 2007. Parties
to exchange pleadings to be filed in
the registry on or before 24th October
2007.�

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4This order has become final. The applicant

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has not challenged this order. The applicant is a

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defendant in the counter-claim filed by the
defendant no.2. The Chamber Summons, therefore, in
my view, has become infructuous and no orders can be
passed. Liberty is granted to the applicant to take
out appropriate proceedings. Chamber Summons is
disposed of.

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5Counsel for the applicant submits that oral
directions were given by Justice Kathawalla to the
Court Receiver not to take physical possession. He
submits that the said order may be continued. The

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request is declined.

mrs. rabia abdul gani v. s.p. sharma and Anr. and mrs. shanti murgesh nadar and court receiver,high court bombay

Case brief

What is this about?

What did the court decide?

mrs. rabia abdul gani v. s.p. sharma and Anr. and mrs. shanti murgesh nadar and court receiver,high court bombay

Case brief

What is this about?

What did the court decide?

What the court decided

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