Fountain Square Oshiwara Welfare Society v. Shree Shubh Builders Pvt Ltd And 9 ORS
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.446/2016/G-GROUP IN SUIT NO.753/2016 Fountain Square Oshiwara Welfare Society ... Plaintiff Vs.
Shree Shubh Builders Pvt. Ltd. & Ors.
... Defendants Mr. Akshay Patil a/w. Ms. Tanvi Nandgaonkar a/w. Prapti Kedia i/b. Khare Legal Chambers for the plaintiff Ms. Rita Yadav for defendant Nos.8 and 9 in Suit NO.753/2016 Mr. S. Naguadaria i/b. P. S. Gidwani for Hi Tech Constructions. Dr. M. S. Deshpande, Court Receiver.
CORAM : K. K. TATED, J.
DATE : SEPTEMBER 15, 2017 P.C.:
1.
Heard. The Court Receiver has submitted this report for the directions against M/s. Hi Tech Constructions, Ekta CHS and defendant No.6 to remove the structures from the suit property i.e. land admeasuring 8152 sq.mtr. of area bearing s.No.41/1A, CTS No.1C3/A of village Oshiwara, Tq. Andheri, Mumbai.
2.
The learned counsel for the plaintiff submits that they have no objection if the prayer clause (a) of the Court Receiver's Report is granted.
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3.
It is to be noted that though other parties are served, none appeared for them.
4.
The learned counsel for the Hi Tech Construction Co. makes a statement that his clients are ready and willing to remove the goods after preparing an inventory with the Court Receiver. 5.
The learned counsel for the plaintiff undertakes to construct a broken portion of the compound wall at rear side of the property within three weeks from today. The statement is accepted. 6.
In view of these facts, following order is passed: a.
The Hi Tech Construction Co. is directed to remove their goods from the suit premises i.e. i.e. land admeasuring 8152 sq.mtr. of area bearing s.No.41/1A, CTS No.1C3/A of village Oshiwara, Tq. Andheri, Mumbai. within three weeks from today. b.
The Court Receiver is directed to make an inventory of the material lying on the suit premises in presence of the parties. c.
The Court Receiver to intimate all the parties about the date and time to be fixed in the next week.
d.
The plaintiff is directed to construct the broken portion of the rear side of the compound wall within three weeks from today and submit a photographs thereof in the office of the Court Receiver.
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e.
The plaintiff to deposit sum of Rs.3000/- in the office of the Court Receiver as a cost of this report within three weeks from today.
f.
Court Receiver's Report stands disposed of accordingly. g.
At the request of the learned counsel for plaintiff, Office is directed to place the Notice of Motion (L) no.1821/2017 in Suit No.189/2017, on board on 22/09/2017.
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