Sabina Lakdawala vs Feroz Lakdawala and Ors. — Bombay HC (2025) — LawSathi Research

Sabina Lakdawala vs Feroz Lakdawala and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Court Receiver Report allowed in terms of prayer clause (c): Plaintiff directed to lodge the papers and proceeding and to deposit the initial cost, charges and expenses of the Court Receiver; upon accepted statement of Defendant No.3's counsel, his client to deposit Rs.50,000/- and pay Rs.5,000/- as cost of the Court Receiver.

Issue for consideration

Whether the Court Receiver should be discharged in view of non-lodgment of the Plaint and order by the Plaintiff, and if not, whether the Plaintiff should be directed to lodge the papers and proceedings and deposit the initial cost, charges and expenses of the Court Receiver. +1 more

Court's answer

Court Receiver Report allowed in terms of prayer clause (c): the Plaintiff is directed to lodge the papers and proceeding and to deposit the initial cost, charges and expenses of the Court Receiver.

Ratio / Principle

Statement of counsel for Defendant No.3 accepted: his client shall deposit an amount of Rs.50,000/- and make payment of Rs.5,000/- as cost of the Court Receiver.

Detailed headnote1 paragraphs

Court Receiver Report No.105 of 2025 in Suit No.491 of 2025 (Sabina Lakdawala v. Feroz Lakdawala and others), High Court of Judicature at Bombay (OOCJ), Arif S. Doctor, J., 28 March 2025 — The Court Receiver, appointed on 27th January, 2025 in Interim Application (L) No.24170 of 2025 at the instance of Defendant No.3, reported that the Plaintiff had failed to lodge the Plaint and order within the fifteen-day period; time had been extended by order dated 24th February, 2025, and the Receiver filed his report on 28th February, 2025 seeking discharge and consequential directions. Allowing the report in terms of prayer clause (c), the Court directed the Plaintiff to lodge the papers and proceedings and to deposit the initial cost, charges and expenses of the Court Receiver. The statement of counsel for Defendant No.3 that his client shall deposit Rs.50,000/- and pay Rs.5,000/- as the cost of the Court Receiver was accepted by the Court.

16-CRR-105-2025.doc

Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO.105 OF 2025

IN

SUIT NO.491 OF 2025

Sabina Lakdawala ] Plaintiff Vs. Feroz Lakdawala and others ] Defendant

Ms. Hemali Kurne through V.C a/w Satsang Tailor i/b Nedumpara & Nedumpara, for Petitioners.

Mr. Ashish Venugopal a/w Aprajita Mahto, Krushika Udeshi a/w Iti Agarwal & Sagar Shetty, for Defendants No.1,2,5 to 7.

Ms. Dhawni Mehta Desai, Sheetal Raghani i/b D M Law Chambers, for Defendants No.1 to 4.

Mr. Muthahhar Khan i/b M. Rehan Chhapra, for Defendant No.3.

Mr. N.C. Pawar, O.S.D Court Receiver.

CORAM : ARIF S. DOCTOR, J. DATE : 28th MARCH, 2025.

P.C:

The Court Receiver has filed report for seeking following directions;

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SHAILAJA Digitally signed bySHAILAJA SHRIKANT SHRIKANT HALKUDE Date: 2025.04.01 HALKUDE 11:21:31 +0530

16-CRR-105-2025.doc

(a) The Court Receiver may be discharged in view of non-lodgment of the Plaint and order by the Plaintiff;

(b) If prayer (a) is affirmative, the cost of this report may be awarded in the sum of Rs.5,000/and the Plaintiff may be directed to deposit the same with the Court Receiver.

(c) If prayer (a) is negative, the Plaintiff may be directed to lodge the papers and proceeding and to deposit the initial cost, charges and expenses of the Court Receiver.

(d) Any other directions as the Hon’ble Court may deem fit and proper in the matter”.

Mr. Khan, learned Counsel appearing on behalf of the defendant No.3, at whose instance, Court Receiver came to be appointed vide order dated 27th January, 2025 passed in Interim Application (L) No.24170 of 2025 submits that though this Court had appointed the Court Receiver on 27th January, 2025, copy of the order was not lodged with the Office of the Court Receiver within fifteen days period. He submitted that though this Court had by a subsequent order dated 24 th February, 2025 extended time, the Court Receiver had filed a report on 28th February, 2025.

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16-CRR-105-2025.doc

Learned Counsel appearing on behalf of the plaintiff submitted that the plaintiff had already lodged the order on 28th February, 2025 with the office of the Court Receiver. The Court Receiver submits that order copy has not been lodged by the plaintiff with the office of the Court Receiver. Mr. Khan submits that copy of the order shall be lodged in the office of the Court Receiver within a period of two weeks from today.

In view thereof, Court Receiver Report is allowed in terms of prayer clause (c), which reads thus;

(c) If prayer (a) is negative, the Plaintiff may be directed to lodge the papers and proceeding and to deposit the initial cost, charges and expenses of the Court Receiver.

Learned Counsel for the defendant No.3 makes a statement that

his client shall deposit an amount of Rs.50,000/- as also make payment of Rs.5,000/- as cost of Court Receiver. Statement is accepted.

[ARIF S. DOCTOR J.]

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