Ujjwala R. Uzgare v. Kumudin Diwakar Bhalorao And ORS.

Nitin 1 / 2 904-CRR-227-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 227 OF 2015 IN SUIT NO. 243 OF 1997 Ujwala R. Uzgare ...

Plaintiff

Versus

Kumudini D. Bhalerao and Ors.

...

Defendants Mr. Anjali Purav for the Plaintiff.

Mr. Swapnil Mhatre h/f. Mr. S.S. Kulkarni for Defendant No. 2. Mr. G.G. Ketkar, 1 st Assistant to Court Receiver, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 15 TH DECEMBER, 2015 P.C.

1.

By the above Court Receiver's Report, the Court Receiver seeks the following reliefs :

"(a) Court Receiver be discharged without passing account and Plaintiff may be directed to pay cost, charges and expenses of the Court Receiver. (b) That the cost of an incidental to this report fixed at Rs.3,000/- and the Plaintiff may be directed to deposit the same with the Court Receiver". 2.

I have perused the order dated 25 th March, 1997 passed by this Court, which makes it clear that the Court Receiver is not appointed as Receiver in respect of the Suit property. The only order passed is a direction that the Receiver's representative shall visit the factory premises and in the presence of the Plaintiff and the Defendants to prepare an inventory of machineries, articles, furniture, fixtures

Nitin 2 / 2 904-CRR-227-2015 lying therein, which direction was complied with by the office of the Court Receiver as can be seen from the compliance report dated 19 th June, 1997.

3.

In view thereof, the question of this Court passing an order discharging the Court Receiver as prayed does not arise. The Report is accordingly disposed of. ( S.J.KATHAWALLA, J. )