Nesco Ltd v. Buddhiram Patiraj Vishwakarma And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.357 OF 2021 IN SUIT NO.1253 OF 2011 NESCO Limited .. Plaintiffs v/s.

Buddhiram P. Vishwakarma & Ors.

.. Defendants Mr. Dipen Furia i/b. M/s. Shah & Furia Associates for the plaintiff. Mr. Sandeep Dhanger i/b. Jayesh R. Vyas for the defendant nos.1 to 5. Mr. D. N. Kher, Court Receiver.

CORAM : A. K. MENON, J.

DATED : 15TH DECEMBER, 2021.

P.C. :

1. The Receiver's Report seeks directions as to steps to be taken in respect of a structure of which two walls and the roof are said to have collapsed. The record does not indicate this to be a structure which was authorised or assessed to tax. In any event, since the roof and the two walls have collapsed, it is necessary to prevent unauthorized use of the space and hence it will be appropriate Digitally signed by SANDHYA BHAGU WADHWA Date:

2021.12.17 11:17:59 +0530 that Receiver barricades the area of Room no.15 by affixing SANDHYA BHAGU WADHWA 1/2 8.crr-357-21.doc wadhwa

suitable shuttering at the costs of the plaintiff so that the same cannot be used under any circumstances.

2. Accordingly, the plaintiffs are directed to appoint a contractor in consultation with the Receiver and bear the costs of the work.

3. The Receiver shall inspect the plans of the work to be carried out and verify that the work is actually carried out.

4. Report is disposed in the above terms and in terms of prayer clause (b).

(A. K. MENON, J.) 2/2 8.crr-357-21.doc wadhwa