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Bombay High CourtCRR/187/2014absolute

Nadeem Majid Oomerbhoy v. Rashid Sattar Oomerbhoy And ORS.

2015-02-23Hon'Ble Shri Justice G.S. Patel2 pages

55-CRR-187-14.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 187 OF 2014 IN SUIT NO. 4913 OF 2000 Nadeem Majid Oomerbhoy ...Plaintiff

Versus

Rashid Sattar Oomerbhoy & Ors.

...Defendants Mr. Z. A. Jariwala, for the Plaintiff.

Mr. Kevin Lewis, i/b Desai Desai Carrimjee & Mulla, for the Defendant No. 1.

Mr. Rahul Singh, for the Defendants Nos. 2, 3, 4A and 4C. Mr. Sailesh Thakkar, i/b S.

Thakkar & Co., for the Defendants Nos.

7 and 8.

Mr. Mohd. Abdullah, Secretary Park View Housing Society Limited. Mr. N. A. Bandodkar, IInd Assistant to Court Receiver, present.

CORAM: G.S. PATEL, J DATED:

23rd February 2015 PC:- 1.

Heard.

55-CRR-187-14.DOC 2.

Mr. Abdullah, secretary of the Park View Co-operative Society is personally present in Court. He states that the amount of interest of Rs.33,147/- claimed by the society is computed at the same rate as applied to all other members.

3.

The claim relates to period prior to the handing over of possession of Flat No. 121 in the Park View Co-operative Housing Society to the Plaintiff. In view thereof, the amount of interest claimed will have to be paid out of the funds in the hands of the Receiver.

4.

The Court Receiver's Report is made absolute in terms of prayer clauses (a) and (d). The Court Receiver to make payment to the Society on or before 2nd March 2015.

5.

The Secretary of the Society will provide the necessary information for an online bank transfer.

(G. S. PATEL, J.)