Midaas Hotels Pvt. Limited and 2 Ors. v. Vishal Ramnayan Singh and 3 Ors.
Case brief
What is this about?
Court Receiver appointment; interim relief; Midaas Hotels Pvt Limited v. Vishal Ramnayan Singh; Defendant No.1 in breach of order dated 22 October 2024 directing deposit of Rs. 2,15,00,000; non-deposit and non-filing of affidavit in reply; Defendant No.1 not contesting interim application; allegation of trespasser, no agreement for conducting business or sale of premises; strong prima facie case; removal of Defendant No.1 and possession to Plaintiffs as agent of Court Receiver without security or royalty; suit premises: common Ground Floor 2809 sq.ft, Row Houses/Blocks No.181, 181A & B and 182, 182A & B, Shaheed Bhagat Singh Road, J.B. Nagar, Near Chakala Station, Andheri East, Mumbai 400059; Court Receiver report within four weeks; Bombay High Court; Arif S. Doctor, J.; IA No. 2718 of 2024 in Suit No. 239 of 2024.
What did the court decide?
Interim application allowed in terms of prayer clause (a): the Court Receiver, High Court, Bombay appointed receiver of the suit premises (common Ground Floor premises admeasuring 2809 sq.ft forming part of Row Houses/Blocks No.181, 181A & B and 182, 182A & B, with land beneath and appurtenant thereto aggregating 140 sq.mtrs., and the illegally enclosed terrace with wooden/cane walls and iron patra roof, at Shaheed Bhagat Singh Road, J.B. Nagar, Near Chakala Station, Andheri East, Mumbai – 400059), with a direction to remove Defendant No.1 and place the Plaintiffs in possession as Agent of the Court Receiver without security or royalty; Court Receiver to file a report within four weeks of taking possession.