Nadeem Majid Oomerbhoy v. Rashid Sattar Oomerbhoy And ORS.

1 CRR 186-14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.186 OF 2014 IN SUIT NO.4913 OF 2000 Nadeem M. Oomerbhoy .. Plaintiff vs.

Rashid Sattar Oomerbhoy & Others .. Defendants Mr.Piyush Raheja a/w Mr.Z.A.Jariwala a/w Mr.Ganesh Ambekar i/b M/s.Thakore Jariwala and Associates for the plaintiffs Ms.Nisha Shah i/b Mr.Kalpesh Joshi for the defendant no.1 Ms.Usha Tiwari for Benhur Society Mr.Rahul R. Singh for defendant nos.2, 3, 4 (a) to 4(c) Mr.M.R.Mandawgade, O.S.D. Court Receiver CORAM : K. K. TATED, J.

DATE : SEPTEMBER 22, 2017 P.C.:

1.

Heard.

2.

Mr.M.R.Mandawgade from the office of the Court Receiver submits that this court by order dated 25.8.2014 allowed the report in terms of prayer clause (a) and (c).

He further submits that in view of the order passed by this court in Report No.185 of 2017, nothing survives in prayer clause (b) of the Court Receiver. Report may be disposed of accordingly.

Mohite 1/2

1 CRR 186-14 3.

At this stage, the learned Counsel for the plaintiff submits that Society and Court Receiver may be directed to provide him all the bills in respect of arrears of maintenance charges of suit flat and also other documents. The learned Counsel for the Society submits that she will inform the same to the Society and they will provide if it is available with them. Considering these facts, following order is passed: a) Court Receiver's Report No.186 of 2014 is disposed of in view of the order dated 25.8.2014 passed by this court (Coram: G.S.Patel, J.) and order dated 22.9.2017 in Court Receiver's Report No.185 of 2017.

b) Liberty granted to the plaintiff to make appropriate application to the Society and office of the Court Receiver for whatever documents they want, to take appropriate steps in the court of law.

c) If such application is made, Society and office of the Court Receiver is directed to provide those documents at the cost of the plaintiff if it is available with them immediately. d) Report stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2