High Court Receiver's Report dismissed as withdrawn; Receiver ordered to file fresh report on specific properties.
Receiver ordered to file fresh report on specific flats after updated inspection.
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1-CRR694-15.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO. 694 OF 2015
IN
SUIT NO. 2960 OF 1997
Bank of Baroda…Plaintiff
Versus
Eastern Enterprises & Ors …Defendants
And
The Inspector of Police GB, CB, CID, Mumbai...Respondents
Mr Zubin Behramkamdin, with Vidya Nair & Dhaval A Patil, for
the Plaintiff.
Mrs Kavita Ambekar, Ist Assistant to the Court Receiver, present.
CORAM: G.S. PATEL, J DATED: 28th February 2018
PC:-
1.Mr Beharamkamdin states that Suit Nos. 2960 of 1997, 2963
of 1997 and 2964 of 1997 have been restored.
2.It seems that these were three of 13 Suits filed in regard to the
same property. Some 10 other Suits have been transferred to the
City Civil Court and are pending at various stages. The present
report was filed at the time when the High Court Suits were
dismissed possibly for non-prosecution or default and the Court
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28th February 2018
1-CRR694-15.DOC
Receiver sought discharge in those circumstances. Now that the
High Court Suites are restored, and frankly even if they were not, so
long as the City Court Suits were pending, there is no question of
discharge of the Court Receiver.
3. The Court Receiver Report is dismissed as withdrawn.
4.As regards Flat No. 201 at Vraj Castle, Dhanukarwadi,
Kandivali (West), Mumbai 400 467 and Flat No. 603, Rane Towers,
Yogi Nagar, Link Road, Borivali (West), Mumbai, the Receiver will
file a fresh report after an updated inspection. This will be served on
all including the Advocates for all the contesting parties in the High
Court.
5. The Court Receiver’s Report is disposed of in these terms.
(G. S. PATEL, J)
Page 2 of 2
28th February 2018
Bank of Baroda
Eastern Enterprises
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court