Mr.Duargashankar Trivedi And ORS. v. Smt. Deviben B.Trivedi And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 384 OF 2015 IN ARBITRATION PETITION NO. 131 OF 2004 Mr.Durgashanker Mishrilal Trivedi & Anr.

..... Petitioners/ Claimants

VERSUS

Smt.Deviben Bhawanishankar Trivedi & Ors.

..... Respondents Mr.S.N.Vaishnawa for the Petitioners.

Mr.Yogesh Gandhi for the Respondents.

Mr.S.S.Deshpande, Court Receiver present.

Respondent No.2 present in person.

CORAM :

R.D. DHANUKA, J.

DATED :

30th SEPTEMBER, 2015 P.C.

By consent of the petitioners and the respondent no.2 who was a contesting party and was appointed as an agent of the Court Receiver, following order is passed :- (a) Court Receiver is discharged without drawing any account. Court Receiver is directed to pay a sum of Rs.2,92,500/- to the petitioner no.2 out of the amount of Rs.3,49,162.25 lying in the suit account.

(b) The Court Receiver is permitted to adjust the costs, expenses and charges of the office of the Court Receiver from the balance amount and also a sum of Rs.3,000/- payable on

2/3 this report. After adjusting the said amount, if any amount is lying in the suit account, the said amount be paid to the respondent no.2.

2.

Court Receiver's Report is disposed of in the aforesaid terms. 3.

In view of the arrangement arrived at between the parties as recorded aforesaid, order dated 2nd September, 2015 directing the respondent no.2 to pay amount is recalled.

[R.D. DHANUKA, J.]

3/3 CERTIFICATE Certified to be true and correct copy of the original signed order.