This order grants leave to Defendant No.7 to sue the Court Receiver in a related recovery suit regarding the same premises, as the property was the subject of a receiver appointment order.
Leave to sue the Court Receiver in RAD Suit No. 647 of 1994 is granted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL SIDE JURISDICTION
JUDGE'S ORDER NO. 68 OF 2013 IN NOTICE OF MOTION NO. 2438 OF 1997 IN SUIT NO. 2429 OF 1997
Lakhan Channa Kanoji ... Applicant / Org.Defendant No.7.
In the matter between :
Naina Deepak Kamani … Plaintiff.
V/s.
Janson Engineering & Trading Pvt.Ltd.,& Ors. ... Defendants.
Mr. Nimay Dave i/by Bachubhai Munim & Co. for the Plaintiff. Mr.S.Tulsian, Constituted Attorney of Defendant No.6 present.
CORAM : R. D. DHANUKA, J. DATE : 11TH JULY, 2013
P.C. :
1 This Judge's Order has been filed by the Defendant No.7 for leave to sue the Court Receiver in R.A.D. Suit No. 647 of 1994 filed by Mr. Lakhan Channa Kanojia in respect of the premises i.e. entire ground floor in the building known as Ferohin now known as Ram Niwas, Sir Poachkhanwala Road, Worli, Mumbai-400 025 along with the out-house and garage and premises appurtenant thereto. It is not in dispute that by order dated 7th February, 2000 passed by this Court in Notice of Motion No.2438 of 1997, the Court Receiver, High Court Bombay has been already appointed in respect of the
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suit premises. It is not in dispute that the suit premises forming part of this suit is the subject matter of RAD Suit No. 647 of 1994.
2 Without going into the correctness of the allegations made in the affidavit-in- support of the Judge's order which are disputed strongly by the learned counsel appearing for the Plaintiff and Defendant No.6, in my view, since the property which is the subject matter of this suit in respect of which the Court Receiver is appointed is also the subject matter in RAD Suit No. 647 of 1994, the leave is granted in favour of the 7th Defendant to sue the Court Receiver in RAD Suit No. 647 of 1994. I have accordingly signed the Judge's order.
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1 issue framed by the court
Whether leave to sue the Court Receiver is granted when the property is subject of the suit.
Lakhan Channa Kanoji
R. D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
