Edit Ii Productions v. Standard Chrtered Bank And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 274 OF 2016 IN SUIT NO. 461 OF 2010 M/s. Edit II Productions .. Plaintiff Vs.

Standard Charted Bank & Ors.

.. Defendants Mr.Rohaan Cama i/b Ms.Sapana Rachure for plaintiff. Mr.Vikramsinh Yadav i/b Hiren Mehta for defendant no.1. Ms.Kranti S.S.Aanand for defendant nos.2, 3 & 4. Mr.R.Mandawgade, OSD- Court Receiver present. CORAM : K.R.SHRIRAM, J.

DATE : 3RD AUGUST, 2016 P.C.

In this Court Receiver's Report, the Court Receiver is asking as to what steps shall the Court Receiver take in respect of Row House No.4-A and Flat No.201 since this office could not take symbolic possession of the said premises despite making two attempts. The Court Receiver is also asking for directions against defendant no.4 to sign the undertaking and submit Agency Agreement with regard to Flat No.003, Chheda Enclave. This Court, by an order pronounced on 13th April 2016, at paragraph 21(b) has stated as under :- 1/4

21.

In the premises, the following order is passed: ......

(b) The Court Receiver shall take only formal possession of three items from out of these properties, namely, (i) Row House No. 4-A in Gaurav Residency Phase - 2, (ii) Flat No. 201, Geeta Ratna Building, and (iii) Flat No. 003, Chheda Enclave and not disturb the physical possession of the occupants thereof ;

As regards the properties at Item (i) and Item (ii) which are covered under prayer clause (a) of this Report, it is the case of the Court Receiver that they visited the premises to take formal possession twice but he could not take possession. The counsel appearing for the defendants states that formal possession has been taken of both the premises. If this is correct, I see no reason why the Court Receiver should say he could not take possession.

Therefore, the Court Receiver to give notice to the Advocate for the plaintiffs and the defendants of the date and time when he would go to take the possession and go and take possession. If the representatives of the plaintiffs and the defendants are not present, the Court Receiver shall still go ahead and take possession. If the house is found locked, the Court Receiver to break open the locks and put his own locks in both premises. The Court Receiver to give atleast three working days notice to the parties before he proceeds to take possession. If the defendants do not co-operate, the Court 2/4

Receiver to take necessary Police assistance and the Inspector In-charge of the concerned Police Station is hereby directed to render all assistance to the Court Receiver.

As regards Flat No.003, Chheda Enclave, where the Court Receiver has been directed not to disturb physical possession of the occupants thereof, though the Court Receiver is seeking directions against defendant no.4 to sign and submit Agency Agreement, I do not find in the order dated 13th April 2016 that any Agency Agreement was to be entered into with defendant no.4. At the same time, in paragraph 4 of the Report, there is no mention of Agency Agreement but what the Court Receiver is stating, whenever they take formal possession or symbolic possession, they take an undertaking as per the format usually used in such matters and this undertaking is basically not to create third party rights or deal with the property. According to the Court Receiver, it is this undertaking that defendant no.4 has refused to sign.

Defendant no.4 is directed to sign the undertaking within one week from today by going to the office of the Court Receiver, failing which the Court Receiver to take physical possession of the premises and lock the premises.

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Prayer clause (b) of the Report is also granted. The Court Receiver's Report is accordingly disposed. (K.R. SHRIRAM, J.) 4/4