Viren Hiralal Kothari v. Parul Ghanshyam Patel And ANR.

Sr.No.3/23-03-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1132 OF 2006 Viren Hiralal Kothari .... Plaintiff V/s.

Parul Ghanshyam Patel .... Defendant Parties and their Advocates are absent.

Ms.Meenakshi Subandh, Section Officer of Court Receiver. Ms. Nilima Pagdhare, Representative of Court Receiver. Coram : K.K. Trivedi Commissioner for Taking Accounts Date : 23rd March, 2016.

CALLED FOR PASSING COURT RECEIVER'S ACCOUNTS : Pursuant to Order dated 10th December, 2010 passed in Notice of Motion No.1289 of 2006 in Suit No.1132 of 2006 with Contempt Petition No.82 of 2006 with Notice of Motion No.3458 of 2008, Court Receiver came to be appointed in the aforesaid matter.

The Office of the Court Receiver has submitted the suit accounts on record of this Registry for the period from18th December, 2010 till 31st December, 2013.

As per the practice and procedure of the Office of the Court Receiver, after receipt of the suit accounts, parties to the Suit are called upon to take inspection of the suit accounts in the Office of the Court Receiver. Hence, upon taking inspection, Suit Accounts are filed. ...2/-

- 2 - Sr.No.3/23-03-2016/HCS-1132-2006 The representative of the Court Receiver tendered Affidavit of service dated 23rd March, 2016 which is taken on record. As regards service upon Defendant No.2 - M/s.Maersk India Pvt. Ltd. is concerned, the report at Exhibit "C" states that the said Company does not exists at the given address. Hence, the security guard of the said Society did not permit the representative of the Court Receiver to affix/paste the Notice at the said address. Hence, service upon Defendant No.2 is incomplete. Plaintiff and Defendant No.1 have already been served on 17th February, 2016 as stated in Affidavit dated 23rd March, 2016. Hence, service is effected upon Plaintiff and Defendant No.1.

Plaintiff is called upon to verify the present address of the Defendant No.2 for service and to take effective steps accordingly. In view thereof, Plaintiff and his Advocate to remain present on next date so that necessary directions can be passed. Matter is adjourned to 13 th April, 2016.

23-03-2016 Commissioner for Taking Accounts