Bank Of Baroda v. Eastern Enterprises And 6 ORS.

1-CRR694-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 694 OF 2015 IN SUIT NO. 2960 OF 1997 Bank of Baroda ...Plaintiff

Versus

Eastern Enterprises & Ors ...Defendants And The Inspector of Police GB, CB, CID, Mumbai

...Respondents

Mr Zubin Behramkamdin, with Vidya Nair & Dhaval A Patil, for the Plaintiff.

Mrs Kavita Ambekar, Ist Assistant to the Court Receiver, present.

CORAM: G.S. PATEL, J DATED:

28th February 2018 PC:- 1.

Mr Beharamkamdin states that Suit Nos. 2960 of 1997, 2963 of 1997 and 2964 of 1997 have been restored.

2.

It seems that these were three of 13 Suits filed in regard to the same property. Some 10 other Suits have been transferred to the City Civil Court and are pending at various stages. The present report was filed at the time when the High Court Suits were dismissed possibly for non-prosecution or default and the Court 28th February 2018

1-CRR694-15.DOC Receiver sought discharge in those circumstances. Now that the High Court Suites are restored, and frankly even if they were not, so long as the City Court Suits were pending, there is no question of discharge of the Court Receiver.

3.

The Court Receiver Report is dismissed as withdrawn. 4.

As regards Flat No. 201 at Vraj Castle, Dhanukarwadi, Kandivali (West), Mumbai 400 467 and Flat No. 603, Rane Towers, Yogi Nagar, Link Road, Borivali (West), Mumbai, the Receiver will file a fresh report after an updated inspection. This will be served on all including the Advocates for all the contesting parties in the High Court.

5.

The Court Receiver's Report is disposed of in these terms. (G. S. PATEL, J) 28th February 2018