Mrs. Perin Hoshang Davierwalla And ANR. v. Mr. Kobad Dorabji Davierwalla And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.61 OF 2016 IN ARBITRATION APPEAL NO.42 OF 2013 WITH COURT RECEIVERS' REPORT NO.52 OF 2017 IN ARBITRATION APPEAL NO.42 OF 2013 Zubin Dorabji Davierwalla ... Applicant

IN THE MATTER BETWEEN

Perin Hoshang Davierwalla & Anr.

... Appellants vs.

Kobad Dorabji Davierwalla & Ors.

... Respondents Mr. B.K. Bali i/b M/s. Bali Associates for the Applicant/Respondent No.3.

Mr. Akshay Patil with Mr. vishesh Malaviya i/b M/s. Federal & Rashmikant for the Appellant.

Mr. Sushant Yadav i/b Mr. K. Akshar & Co. for the Respondent No.2. Mrs. Kavita Ambekar, Ist Assistant to the Court Receiver present in the Court.

Coram : A.A.Sayed, J.

Date : 10 April 2017 P.C. :

By this Application the Applicant-original Respondent No.3 has prayed for withdrawal of 11.33% share of the royalty being deposited by the Appellants with the Court Receiver pursuant to the order dated 7 May 2014.

Inasmuch as the credit balance with the Court Receiver now is about Rs.2 Crores, by consent, the Applicant/Respondent No.3,

k 2/2 43 car 61.16 in ara as.doc Appellants and the Respondent No.2 are permitted to withdraw a sum of Rs.30 Lakhs as per their shares from the amount of Rs.2 Crores lying with the Court Receiver as an ad-hoc measure subject to further orders being passed by this Court. It is clarified that so far as the Respondent No.1 is concerned no order is passed in his favour as the learned Counsel for the parties have pointed out that the Respondent No.1 has been receiving a sum of Rs.64,500/- per month under the orders of this Court.

The Civil Application is disposed of in the above terms. So far as the Court Receiver's Report is concerned, the same is allowed in terms of prayer clauses (a), (b), (c) and (d). It is clarified that prayer clause (b) is restricted to copies of documents which may be considered relevant by the Chartered Accountant out of the documents in custody of the Appellants. It is expected that the income tax returns of the partnership firm are filed at the earliest and the order dated 7 May 2014 is complied with expeditiously by the Court Receiver. The Court Receiver's Report is also disposed of in the above terms.

(A.A.Sayed, J.) katkam