Asra Constructions v. Kalyan Kutir Co Operative Housing Society And 2 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 136 OF 2021 WITH COURT RECEIVER'S REPORT NO. 37 OF 2021 IN NOTICE OF MOTION NO. 2177 OF 2019 IN SUIT NO. 1183 OF 2019 M/s.Asra Constructions ... Plaintiff vs.

Kalyan Kutir Co-operative ... Defendants Housing Society & Ors.

Mr. Hamed Kadiani a/w. Ms. Sheetal Raghani i/b. M/s J. Law Associates for the Plaintiff.

Mr. Thomas James i/b. Auris Legal for Defendant no.1. Mr. P. K. Nardele, OSD, Court Receiver.

CORAM : A. K. MENON, J.

th FEBRUARY, 2021 DATED : 10 P.C. :

1.

In these reports the Court Receiver seeks directions as to steps to be taken to take possession of Flat no 3,Ground Floor, Kalyan Kutir CHS Ltd. Kurla (West) from defendant no.3 till 31 st January, 2021. By virtue of the order passed in suo Moto Writ Petition Urgent No. 2 of 2020 forcible dispossession was not resorted to.

Digitally signed by Rajeshwari R. Pillai Date:

2021.02.11 11:08:35 +0530 1/3 Rajeshwari R. Pillai

2.

On 16 th December, 2020 this Court directed the Court Receiver to take symbolic possession and affix the board of the Receiver in the outer door of the premises. The Receiver was directed not to take forcible possession.

3.

According to the Receiver on 21 st December, 2020 the representative of the Receiver visited the flat. One Abbas Habib Merchant claiming to be son of defendant no. 3 obstructed the Receiver's representative claiming that an Appeal had been filed in this Court and that the Receiver could not take possession. A little while later one Hussain Habib Merchant also claiming to be son of defendant no. 3 informed the Receiver's representative Mr. Manoj S. Patil that he intends to file an FIR and caused him to visit the Kurla Police station where the Officer- In-charge upon ascertaining the facts provided police assistance to the Receiver representative upto the railway station. In effect the Receiver's representative was obstructed from carrying out the order of this Court and reason seems to be that the appeal seems to be pending against appointment of order of Court Receiver. That Appeal I am informed was filed on 18 th March, 2020 and was not moved during the lock down.

4.

On behalf of the plaintiff it is submitted that the defendant no. 3 was served with caveat and to the best information of the plaintiff the 2/3

appeal was not moved. Today it is pointed out by the Receiver that the Advocate who filed the appeal has informed Receiver that he no longer represents defendant no.3 and that the report need not be served upon him. As on date there does not appear to be any Advocate representing defendant no.3. Defendant no.3 has been apparently notified of the hearing of this report. Today none appears on call. Accordingly, I pass the following order :

(i) Plaintiffs are at liberty to apply for further reliefs in terms of steps to be taken by the Receiver after due notice to defendant no.3. (ii) Plaintiffs shall serve notice informing defendant no.3. of the fact that they will be applying for seeking forcible possession of the premises.

(iii) In the circumstances both reports are disposed. (iv) Costs of the Receiver allowed.

(A. K. MENON, J.) 3/3