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Bombay High CourtIA/1700/2019disposed off

Dilipkumar C. Bansal v. Nieleshwar Developer And 3 ORS.

2023-01-02Hon'Ble Shri Justice N. J. Jamadar2 pages

9-ia-1700-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1700 OF 2019 IN SUIT NO.2268 OF 2012 Dilipkumar C. Bansal ...Plaintiff vs.

Nieleshwar Developer and Others ...Defendants VISHAL SUBHASH PAREKAR Ms. Sumedha Rao, for the Plaintiff Ms. Rui Danawala i/b. Mr. Ashish Verma, for the Defendants. VISHAL SUBHASH PAREKAR Date: 2023.01.03 10:57:24 +0530 CORAM :

N. J. JAMADAR, J.

DATE :

JANUARY 02, 2023 P.C.:

1.

Heard the learned counsel for the parties.

2.

The learned counsel for the applicant/plaintiff seeks time to move an appropriate application as the Court Receiver has taken possession of the Flat No. G/1, Building No. 2, Indrapuri, Sodawala Lane, Borivali (w) pursuant to the order passed by this Court on 14th January, 2020.

3.

The Court Receiver has also submitted the compliance, by way of Report bearing C.R. Report No. 70/2020. 4.

Since the Court Receiver has taken peaceful and vacant possession of the said flat from the representative of the defendant No. 1 and kept the premises under lock and key of the Court Receiver, the Interim Application and Court Receiver's Report Vishal Parekar, P.A.

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9-ia-1700-2019.doc stand disposed.

5.

The plaintiff is at liberty to apply for being appointed as an agent of the Court Receiver.

6.

It is, however, clarified that the notice issued by the Court for contempt of the order passed by this Court shall be proceeded with on its own merit, notwithstanding the disposal of this application. (N. J. JAMADAR, J.) Vishal Parekar, P.A.

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