Madhusudanlal Narayanlal Pittie v.

1/2 8-s-224-1961.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 224 OF 1961 Madhusudanlal Narayanlal Pittie .. Plaintiff Vs.

1 Narayanlal Bansilal & Ors.

.. Defendants WITH INTERIM APPLICATION NO. 1 OF 2020 IN SUIT NO. 224 OF 1961 Shrikant Shantaram Banavalikar .. Applicant And Vivek Madavlal Pittie .. Court Receiver In the matter of :

Madhusudanlal Narayanlal Pittie .. Plaintiff Vs.

1 Narayanlal Bansilal & Ors.

.. Defendants Mr.Varun Satiya i/b Crawford Bayley & Co. for plaintiff in S/224/1961.

Ms. Sunita D. Sonawane for applicant in IA/1/2020. Mr. Harsh Meghani a/w. Mr. Arun Unikrishnan i/b D.. Kamdin & Co. for defendant Nos.1(a), 1(b), 3A, 3B, 5 and 6. Mr. D.J. Kamdin for Court Receiver.

Mr. Ajay B. Malvankar, Section Officer, Court Receiver's office. CORAM : N.J. JAMADAR, J.

TH FEBRUARY 2020 P.C.

DATE : 11 INTERIM APPLICATION NO. 1 OF 2020 1.

Heard the learned counsel for the applicant and the learned counsel for the Court Receiver.

Shraddha Talekar PS

2/2 8-s-224-1961.doc 2.

The Court Receiver came to be appointed in respect of the st July 1967 and continued by a subject property by an order dated 21 nd May 2008. The applicant herein claims tenancy further order dated 2 nd floor, rights in respect of the premises bearing No. 73C situated on 2 Shivlal Motilal Mansion, Dr. Bhadkamkar Marg, Mumbai. The Court Receiver has contested the claim of the applicant that the tenancy was transferred in the name of defendant No.2-Bal Shantaram Banavalikar in the suit before the Court of Small Causes, Mumbai, being R.A.D. Suit No. 996 of 2017, behind the back of the plaintiff-applicant herein.

3.

The learned counsel for the Court Receiver submits that he has no objection to grant leave to institute the suit against the Court Receiver. Thus, having regard to the nature of the dispute, it is necessary to grant leave to institute the suit against the Court Receiver.

4.

Hence, the following order :

(i) The application is allowed in terms of prayer clause (a). (ii) The interim application stands disposed of.

[ N.J. JAMADAR, J. ] Shraddha Talekar PS