The Court directed the Prothonotary & Senior Master to release municipal tax arrear and land revenue arrears from the suit account within two weeks, to be apportioned in a 1:4 ratio.
Direction to release specific arrears to municipal authorities and Collector of Mumbai from suit account within two weeks and appropriate Rs. 3000 for report cost.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY .
ORDINARY ORIGINAL CIVIL JURISDICTION
COURT RECEIVER'S REPORT NO.115 OF 2013 IN SUIT NO. 371 OF 1982
... Plaintiff
Vasudev Daulatram Chhabria ... Plaintiff Vs. Ramchand Daulatram Chhabria & Ors. ... Defendants.
Mikhail Behl i/b M/s Kanga & Co. for plaintiff. Rajmani Varma i/b Thakorkas Madgaonkar for Defendant No.3. Mr K. K. Trivedi, 1st Asst. to Court Receiver present.
CORAM : R.D.DHANUKA J. DATED : SEPTEMBER 26, 2013.
P.C.
It is not in dispute that there are arrears of municipal taxes as
described in para 4 of the report submitted by the Court Receiver and also arrears of land revenue payable to the Collector of Mumbai as described in para 6 of the report. Learned counsel appearing for parties submit that the said amount may be released out of the amount of Rs.82,39,391/- lying to the suit account with the Prothonotary & Senior Master.
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payments to the municipal Corporation as described in para 4 of the report and to the Collector of Mumbai as described in para 6 of the report within two weeks from today out of the amount of Rs.82,39,391/- lying to the suit account as described in para 7 of the report. It is made clear that the amounts so released by the Prothonotary & Senior Master would be finally accounted for in the ratio of 1:4 respectively. Court Receiver is entitled to appropriate the sum of Rs.3000/- out of the funds available in the hands of Court Receiver towards the cost of this report.
( R.D.DHANUKA, J.)
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R.D. Dhenuka
As recorded by the court registry
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