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Bombay High CourtCRR/30/2024disposed off

Join Trak Infra Private Limited Formerly Known As Tkl Infra Developers Pvt. Ltd. And ANR v. Rajesh Gorwani And ORS

2024-04-23Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 20 CRR 30-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO. 30 OF 2024 IN COMMERCIAL ARBITRATION PETITION (L) NO. 30508 OF 2023 Join Trak Infra Private Limited, formerly known as TKL Infra Developers Pvt Ltd and anr ..

Petitioner

Versus

Rajesh Gorwani and ors ..

Respondents ...

Mr.Durgaprasad Poojari i/b PDS Legal for the petitioner. Mr.S.K. Dhekale, Court Receiver present.

Mr.N.C. Pawar, OSD to Court Receiver present. CORAM: BHARATI DANGRE, J.

DATED : 23rd APRIL, 2024 P.C:- The Court Receiver has filed report, seeking discharge in the wake of the execution of the mandate of the order dated 12/12/2023.

In terms of the order passed by this Court, the Court Receiver has informed this Court that the respondent no.1 had handed over vacant possession of flat no.3, to the representative of the Court Receiver, which in turn, was handed over to the petitioner no.1.

Tilak

2/2 20 CRR 30-24.doc As far as flat no.26 is concerned, Court Receiver has reported that the respondent no.3, the owner of the said flat handed over possession of the said flat to the petitioner no.1, on his own.

In the wake of the aforesaid, Court Receiver has sought discharge without passing accounts, but subject to payment of costs, charges and expenses. Cost of the Receiver has also prayed to be fixed at Rs.5,000/-.

Since the direction issued by this Court are already complied with, Court Receiver report is made absolute in terms of prayer clauses (a) and (b), which reads to the following effect: (a) The Court Receiver, High Court, Bombay be discharged without passing accounts subject to payment of cost, charges and expenses of Court Receiver as the order of Hon'ble Court has been complied by the Court Receiver. (b) The cost of this report be fixed at Rs.5000/- and be allowed to be recovered from the suit account. ( SMT. BHARATI DANGRE, J.) Tilak