Karvy Financial Services Ltd. v. Vilas Banaji Sawant And ANR.

CRR143.17-2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.143 OF 2017 IN ARBITRATION PETITION NO.1588 OF 2015 Karvy Financial Services Ltd.

)....Petitioner V/s.

Vilas Babaji Sawant & Anr.

)....Respondents ---- Mr.Omar Khaiyam Shaikh i/by Vikas Salvi & Associates for petitioner.

Ms.V.S.Avasare, 2nd Assistant to Court Receiver present. ---- CORAM : K.R.SHRIRAM,J DATE : 11.10.2017 P.C.:- Court Receiver is seeking directions as to what should be done in respect of the suit premises which was found locked. It should be noted that by an order dated 28.7.2016 court receiver was directed to take symbolic possession without notice to respondents. Report states that court receiver went on 2.9.2016 and again on 20.2.2017 and on both occasions, the bungalow which is mortgaged to petitioner was found locked. In more than one year, only two visits have been made, one in July-2016 and 2nd in February-2017. It is possible that respondents may not have been in town on those 2 dates. Therefore, I cannot accept the submission of the petitioner's counsel that the lock should be broken open and court receiver to take forcible possession. Counsel stated that the KJ

CRR143.17-2 petitioner will make inquiries and inform the court receiver the status so that the court receiver can take steps to take possession and comply with the order dated 28.7.2016.

Court Receiver's report accordingly disposed in terms of prayer clauses-(a) & (b).

(K.R.SHRIRAM,J) KJ