The Chamber Summons did not survive as it was superseded by an order in a Notice of Motion. The court clarified that dismissal of the Notice of Motion would lead to the discharge of the receiver and return of seized goods.
Chamber Summons not to survive; clarified conditions for discharge of receiver if Notice of Motion dismissed.
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915-CHSL304-16.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS (L) NO. 304 OF 2016
IN
SUIT (L) NO. 881 OF 2015
Bhavik Dattani & Anr.…Plaintiffs
Versus
Mohd. Phool Shaikh…Defendant
Mr. Prateik Parija, i/b M/s Probus Legal, for the Plaintiffs.
Mr. Ram Upadhyay, i/b M/s. Law Competere Consultus, for the
Defendant.
CORAM:G.S. PATEL, J
DATED:21st April 2016
PC:-
1.This Chamber Summons does not survive in view of the
order passed in Notice of Motion (L) No. 965 of 2016. It is clarified
that if the Notice of Motion is dismissed at the final hearing of the
Suit, undoubtedly an order will be made discharging the Court
receiver and directing a return of all seized goods.
(G. S. PATEL, J.)
1 of 1
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court