Single-judge chamber summons ordered recovery of usual costs to a court receiver without passing accounts and directed return of title deeds to the plaintiff.
Chamber summons allowed; receiver to recover usual costs; title deeds to be returned to plaintiffs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.628 OF 2009
IN
SUIT NO.2173 OF 1996
Ashok Agarwal .. Plaintiff Versus M/s.SRF Finance Co. Ltd. .. Defendants.
Mrs.Shakuntala Joshi for plaintiffs Mr.G.G.Ketkar, 1st Assistant to Court Receiver.
CORAM : S.C.DHARMADHIKARI, J.
DATE : 29th August 2009.
P.C.:
1] Having perused the report of the Court Receiver in the facts peculiar to this case, I am satisfied that the Court Receiver is not entitled to recover anything over and above his usual costs, charges and expenses. The Court Receiver can recover them as he stands discharged without passing accounts but upon payment of usual costs, charges and expenses as computed in the report. He must return the title deeds of the immovable property which are kept in his custody, to the plaintiffs. Chamber summons is allowed in these terms. No costs.
(S.C.DHARMADHIKARI, J)
SC DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
