Nadeem Majid Oomerbhoy v. Rashid Sattar Oomerbhoy And ORS.

57-CRR-191-14.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 191 OF 2014 IN SUIT NO. 4913 OF 2000 Nadeem Majid Oomergbhoy ...Plaintiff

Versus

Rashid Sattar Oomberbhoy & 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. N. A. Bandodkar, IInd Assistant to Court Receiver, present.

CORAM: G.S. PATEL, J DATED:

23rd February 2015 PC:- 1.

Pursuant to the order dated 25th August 2014 since the relevant records have been shifted from Sitram Building to Flat No. 301, Sliverton, Wodehouse Lane, Colaba, Mumbai, the 2nd, 3rd and the terrace floors of Sitaram Building should now be made available to MHADA for urgent structural works as required by

57-CRR-191-14.DOC MHADA. The Court Receiver's Report is made absolute in terms of prayer clause (e).

2.

It is clarified that there is a exclusive access way to the 2nd, 3rd and the terrace floors. Once the necessary repairs have been carried out by MHADA, the Court Receiver must ensure that possession of those premises which were in his custody including the passage way must be taken back.

(G. S. PATEL, J.)