Bombay High CourtJO/137/2017dismissed

Samarthmal Hajarimal Mehta v. Pirchand Misrimal Bhansali And 4 ORS

2019-01-16Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 18.JO-137-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION JUDGE'S ORDER NO.137 OF 2017 IN SUIT NO.521 OF 2017 Samarthmal Hajarimal Mehta ....Plaintiff Vs.

Pirchand Misrimal Bhansali and Ors.

....Defendants ---- Mr. Prathamesh Kamat a/w. Mr. Jay Vakil I/b. LJ Law for applicant/ plaintiff.

Mr. Ritesh K. Jain I/b. MJ Juris for defendant nos.1 to 3. Mr. Bharat Vaishnawa for defendant no.4.

---- CORAM : K.R.SHRIRAM, J.

DATE : 16th JANUARY 2019 P.C.:

JUDGE'S ORDER NO.137 OF 2017 Mr. Kamat states that the reason why this Judge's order has been taken out is because the Court Receiver of this Court has been appointed as Receiver of the suit premises by an order dated 13th December 2004. The Court Receiver is in possession and plaintiff is appointed as agent of the Court Receiver. Mr. Kamat states that the reason why Court Receiver, according to him, has to be made as party defendant is because in the event of plaintiff succeeding in the suit, the Court Receiver can be directed to hand over possession to plaintiff.

In my view, for that purpose there is no need to make the Court Receiver a defendant or the Court Receiver has to defend the suit and incur cost. Since the Court Receiver has been appointed pursuant to order dated Gauri Gaekwad

2/2 18.JO-137-2017.doc 13th December 2004, the Court Receiver can also be discharged by judicial order and also be directed to hand over possession to whichever party the Court ultimately decides will be entitled to possession. In the circumstances, Judge's order dismissed. SUIT NO.521 OF 2017 All defendants to file written statement and serve a copy thereof upon plaintiff by 8th February 2019.

Suit be listed for issues on 13th February 2019 on which date parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree.

The pending notice of motion no.1820 of 2017 to be listed for hearing on 26th February 2019.

(K.R. SHRIRAM, J.) Gauri Gaekwad