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Bombay High CourtCAF/2238/2015

Mr. Anil P. Sachdev v. Mr. Chandrakant Bhiwaji Kawalkar

2017-03-02Hon'Ble Shri Justice M.S. Sonak1 pages

skc 904-CAF-2238-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2238 OF 2015 IN FIRST APPEAL NO. 1078 OF 2012 Anil P. Sachdev ..

Applicant In the matter between :

Chandrakant Bhiwaji Kawalkar ..

Appellant vs.

Anil P. Sachdev ..

Respondent Mr. J. A. Udaipuri with M. D. Lad i/b. M/s. Udaipuri & Co. for Applicant in CA (Original Respondent).

Mr. J. D'souza i/b. S. M. Kamble for Respondent in CA (Original Appellant).

Mr. A. B. Yadav, S.O. in Court Receiver's Office is present in Court.

CORAM : M. S. SONAK, J.

DATE : 02 MARCH 2017 P.C :

1] The applicant (original respondent) claims to be already in possession of the suit premises. By order dated 11 February 2015, the Receiver has already been discharged. The amounts deposited by the Court Receiver to be paid to the applicant. This shall however be subject to final order that will be made in the appeal. If directions are issued that the applicant brings back such amounts as also further amounts for occupation of the suit premises during the pendency of this appeal, the applicant shall be duty bound to comply with the same.

2] With these observations, the civil application is disposed of. (M. S. SONAK, J.) Chandka 1/1