Mohammed Ali Qureshi v. Shaikh Amjad Ali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 628 OF 2022 rrpillai WITH COURT RECEIVER'S REPORT NO. 14 OF 2023 Shaikh Amjad Ali and Another ...

Petitioners Vs.

M. R. Builder and Developer and Others ...

Respondents WITH INTERIM APPLICATION NO. 9882 OF 2024 IN CONTEMPT PETITION NO. 628 OF 2022 Mohammed Ali Qureshi ...

Applicant Vs.

Shaikh Amjad Ali ...

Respondent Mr. Nitesh Acharya a/w. Ms. Bushra Sayed for the Petitioners. Mr. Mohan Kumar K i/b. Mr. Gireesh U. G. Menon for Respondent No.1-Contemnor.

Ms. Charusheela Vaidya 2nd Asst. to Court Receiver. Mr. D. J. Haldankar, AGP for the Respondent - State. CORAM : GAURI GODSE, J.

DATE :

4th OCTOBER 2024 ORDER :

1.

By order dated 18th July 2024 statement on behalf of respondent by RAJESHWARI RAMESH PILLAI Date:

2024.10.05 10:30:29 +0530 RAJESHWARI RAMESH PILLAI 1/3

no. 1 was recorded that the three under construction flats on the second floor are completed and physical possession of the said three flats shall be handed over to the Court Receiver. Accordingly the Court Receiver was permitted to visit the site for taking physical possession of flat nos. 201, 202 and 203 on the second floor of A-1, Emperor Court Building.

2.

The Court Receivers Report regarding taking possession pursuant to order dated 18th July 2024 is not on record. Hence, learned Court Receiver shall file a report in compliance of order dated 18th July 2024 within one week from today.

3.

Learned counsel for respondent no. 1 today submits that though statement was made on behalf of respondent no. 1 on 18th July 2024 that the three flats are completed, he on instructions submits that the same are not yet completed.

4.

There is a lot of confusion in respect of the submissions made by the learned counsel for respondent no.1. Hence let the Court Receiver first file a report in compliance of the directions issued on 18th July 2024 for passing further orders.

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5.

Copy of the report shall be supplied to the learned counsel for respondent no. 1 as well as the petitioner.

6.

The affidavit in reply dated 18th September 2024 on behalf of respondent no. 1 is taken on record.

7.

List the Contempt Petition on 16th October 2024. To be listed High on Board.

[GAURI GODSE, J.] 3/3