The Court Receiver's Report No. 34 of 2013 is disposed of. Directions are given to release payment to architects and recover a sum from suit account. Surplus funds are to be paid to defendants.
Payment to architects to be released; Rs. 1000 recovered from suit account; surplus paid to defendants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION
COURT RECEIVER'S REPORT NO. 34 OF 2013 IN SUIT NO. 1198 OF 2009
Dhansukh R. Rathod ... Plaintiff.
V/s.
Narayan D. Parmar & Ores. ... Defendants.
Mr. Mohanty i/by Kirit N. Damania for the Plaintiff. Mr. Latta Vacchani i/by I. R. Joshi for the Defendants.
Mr. K. K. Trivedi, 1st Assistant to Court Receiver, present.
CORAM : R. D. DHANUKA, J. DATE : 11TH JULY, 2013
P.C. :
1 On perusal of this report and also the report submitted by the Architects on 15th September, 2010, it is clear that the Architect has visited the site and has taken measurements as per the orders passed by this court. The bill submitted by the Architects is pending since last three years. In my view, the bill submitted by the Architects is in order.
2 The Court Receiver's Office is directed to release the payment to the Architects in terms of prayer (a). The Court Receiver is directed to recover a sum of Rs. 1000/- from the amount lying in the suit account.
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3 After making the payment in terms of prayer clauses (a) and (d), if any surplus amount is lying in the suit account, the same shall be paid to the defendant nos. 1, 2 and 4,. It is clear that the surplus, if any, shall be paid by the Office of the Court Receiver in the name of the defendant firm.
4 The Court Receiver's Report is disposed of.
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R. D. Dhanuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
