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Bombay High CourtCRR/155/2016disposed off

Dr. Mrs. Shaileja Shridhar Paradkar And ANR. v. Surendra Balkrishna Panhalkar And 4 ORS.

2016-04-06Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 3.CRR-155-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.155 OF 2016 IN SUIT NO.179 OF 2014 Dr. Mrs. Shaileja Shridhar Paradkar & Anr.

....Plaintiffs V/s.

Surendra Balkrishna Panhalkar & Ors.

....Defendants ---- Mr. J.P. Sen, senior advocate a/w. Mr. Mohit Arora & Mr. Ajay Basutkar for the defendant no.5.

Mrs. Shaileja Paradkar, plaintiff no.1 present in person. Mrs. Suvarna Sonawane, plaintiff no.2 present in person. Mr. A.K. Sonawane, CA to plaintiff no.2.

Mrs. P.P. Bhaidkar, 2nd Assistant to Court Receiver. ---- CORAM : K.R.SHRIRAM,J DATE : 6th APRIL, 2016 P.C.:- The plaintiff nos.1 and 2 both are present in court in person. Both in unison confirm having received a copy of the Court Receiver's Report and having considered the same. Both plaintiff nos.1 and 2 further state that they have made it clear to the Court Receiver that they will not pay any charges for the security charges of the suit property.

In view thereof, the Court Receiver presses for prayer clause -(c) in the Court Receiver's Report. Having considered the same Gauri Gaekwad

2/2 3.CRR-155-2016.doc and having heard the counsel for the defendant no.5, the Court Receiver's Report is disposed in terms of prayer clause -(c). The Court Receiver is discharged without passing account subject to payment of cost, charges and expenses of the Court Receiver. The Court Receiver to hand over possession to defendant no.5, who undertakes to pay the cost, charges and expenses of the Court Receiver. The Court Receiver had also taken out a Court Receiver's Report No.485 of 2015. This court by an order dated 10th August, 2015 has adjourned the question of fixing an ad-hoc royalty from the period from December, 2014 to August, 2015 while deciding the suit. There is an ad-interim order dated 10th December, 2014 restraining defendant no.5 from developing the property. The notice of motion to be listed for hearing on 5th May, 2016.

The plaintiffs are directed to apply to the Registrar General under the rules for presentation and conduct of proceedings in person by parties. The plaintiffs state that they will apply within one week from today.

(K.R.SHRIRAM,J) Gauri Gaekwad