Reliance Capital Ltd. v. Narayan C. Patil And Aslam S. Kachhi

907-crr486-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.486 OF 2015 IN ARBITRATION PETITION NO.291 OF 2011 Reliance Capital Ltd.

...Petitioner

V/s.

Narayan C. Patil & Ors.

...Respondents

None for the Petitioner.

None for the Respondents.

Mr.G.G. Ketkar, 1st Assistant to the Court Receiver present. CORAM : R.D. DHANUKA, J.

DATE : 21ST OCTOBER, 2015.

P.C. :- 1.

The original petitioner has been served with the copy of this report. None appeared for the original petitioner. 2.

By this report, the Court Receiver seeks an order and direction against the petitioner to deposit a sum of Rs.12,100/- with the office of the Court Receiver with interest and costs of Rs.3,000/- on this application. By an order dated 9th December, 2014 passed by S.J. Kathawalla, J., the Court Receiver has been discharged in view of non-lodgment of the order by the petitioner and had directed the petitioner to pay the costs, charges and expenses of the Court Receiver and also costs of Rs.3000/- payable on the said application. The Court Receiver vide his letters dated 12th December, 2014 and 16th January, 2015 has forwarded a copy of the final statement of 1/2

907-crr486-15 account to the petitioner and called upon them to deposit a sum of Rs.9,100/- towards, the costs, charges and expenses of the Court Receiver and Rs.3,000/- towards the costs of the of the Court Receiver's Report No.350 of 2014, aggregating to Rs.12,100/- within four weeks from the date of the said report. Since the petitioner has not paid the said amount, the Court Receiver has filed this report for further directions.

3.

Though the petitioner was directed to pay the amount as demanded by the Court Receiver, the petitioner has not paid despite the Court Receiver raising a demand vide his letters dated 12th December, 2014 and 16th January, 2015.

4.

The Court Receiver's Report is made absolute in terms of paragraph 4(a) and (b). The Court Receiver is directed to convey this order to the petitioner expeditiously. In the said letter, it should be made clear that if the amount as directed by this Court on 9th December, 2014 is not paid along with the costs of Rs.3,000/- which is awarded in this application, this Court will take appropriate action against the petitioner under the provisions of Contempt of Courts Act, 1971.

5.

The Court Receiver's Report is disposed of in aforesaid terms.

(R.D. DHANUKA, J.) 2/2