Mohan Kewalramani v. Ishwar Dayaldas Kewalramani And 2 ORS.

1904-15-NMS-21=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1904 OF 2015 IN SUIT NO. 980 OF 2015 Mohan Kewalramani .. Plaintiff v/s.

Ishwar Dayaldas Kewalramani & Ors.

.. Respondents / Defendants Ms. Vidya Nair i/b M.G. Gawde for the plaintiff Mr. S.G. Bhandary i/b Bhandary & Bhandary for respondent / defendant nos. 1 to 3 CORAM : M.S. SANKLECHA, J.

DATED : 29th SEPTEMBER, 2017 P.C.

1.

This notice of motion has been taken out in an Administration Suit. The motion seeks an appointment of the Receiver in respect of the estate left by the plaintiff's mother late Smt. Sulochana Ishwar Kewalramani.

2.

This Court by orders dated 24th August, 2015 and 27th August, 2015 at the ad-interim stage, recorded the statement made on behalf of defendant nos.1 to 3 that they would not part with possession or create any third party rights in respect of the estate of late Uday S. Jagtap

1904-15-NMS-21=.doc Smt. Sulochana Kewalramani. Further, the defendants also stated that in respect of some of the properties, which were given on leave and license, they will not enter into fresh leave and license without obtaining a leave from this Court after giving 7 working days notice to the advocate for the plaintiffs.

3.

Ms. Vidya Nair, learned Counsel appearing for the plaintiff states that in view of the statements made by defendant no.2 in paragraph no.11 of the affidavit-in-reply dated 22nd September 2015, she seeks interim relief in terms thereof. 4.

Mr. Bhandary, learned Counsel for the respondents - defendants does not object to the above prayer. 5.

Accordingly, the Notice of Motion is allowed in the above terms.

(M.S. SANKLECHA, J.) Uday S. Jagtap