Disposed

Smt. Sharifunnisa S. Ahmed v. Jameel Ahmd S/O Mohd Khalil and Ors.

Bombay HC13 Mar 2013CHS/648/2011

Case brief

AI extract

What is this about?

The High Court disposed of a Chamber Summons seeking the withdrawal of money deposited by tenants with the Court Receiver. Ruling that plaintiffs purchased the defendants' rights, the court directed the duty holder to release the funds after deducting costs without requiring accounts.

What did the court decide?

Court Receiver directed to return all amounts paid by tenants after deduction of its costs, charges, and expenses without rendering accounts.

Smt. Sharifunnisa S. Ahmed Vs Jameel Ahmd S/O Mohd… — Execution and Attachment | Bombay HC (2013)

CHS No.648_2011

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

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CHAMBER SUMMONS NO.648 OF 2011

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SUIT NO.2704 OF 2003

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Smt. Sharifunisa Wd/o. Saeed Ahmed & Ors. – Plaintiffs V/s.

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Jameel Ahmed S/o. Mohamed Khalil & Ors. – Defendants AND Court Receiver Bombay – Respondent

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Mr. Vaibhav Ugle, h/f. Ashok M. Saraogi, Applicant Nos.1 to 6.

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CORAM : MRS. ROSHAN DALVI, J. DATE : 13th March, 2013.

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P.C. :-

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The Plaintiffs have served Chamber Summons as also notices of the dates of the hearing of the Chamber Summons from time to time upon defendants. Defendants have not filed affidavit in reply. The Chamber Summons is for withdrawal of amount deposited with the Court Receiver by the tenants of the suit property pursuant to the settlement of the suit by and between the parties. The parties entered into consent terms on 14^th July, 2008. The Plaintiffs deposited in Court Rs.1.15 crores to be paid to the defendants. Defendants were allowed to withdraw the amount. The defendant were to handover the original document to the Plaintiffs since Plaintiffs purchased the rights of the defendants. Order in that behalf was passed on 30^th July, 2008.

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On the next day the defendants handed over six original

CHS No.648_2011

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documents. Only one document was lying with the Sub Registrar of Assurance which the Plaintiff had to obtain from their office. It has been came to be settled. Suit was disposed off accordingly on 31^st July, 2008.

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Consequently since the Plaintiffs have purchased rights of the defendants, the Plaintiffs would be entitled to entire rights of the defendants in the suit property. Hence the Plaintiffs would also be entitled to return of amount lying with the Court Receiver. The Court Receiver shall return all the amounts paid by the tenants of the suit property to the Court Receiver after the deduction of Court Receiver's costs, charges and expenses without rendering accounts by the Court Receiver.

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Chamber Summons is disposed off accordingly.

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( ROSHAN DALVI, J. )

Smt. Sharifunnisa S. Ahmed v. Jameel Ahmd S/O Mohd Khalil and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Sharifunnisa S. Ahmed v. Jameel Ahmd S/O Mohd Khalil and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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