Dhyan Projects Pvt Ltd v. Middle Class Friends Co Operative Housing Society Ltd And ORS

(6CRR-55-2024.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 55 OF 2024 IN COMMERCIAL ARBITRATION PETITION (L) NO.29926 OF 2023 Dhyan Projects Pvt. Ltd.

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Petitioner vs.

Middle Class Friends CHS Ltd.

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Respondent Mr.Saurabh Kshirsagar i/b Maniar Srivastava Associates, for the Petitioner.

Mr.Nishant Chotani i/b Arun Panicker for Respondent No.1. Ms.Charushila Vaidya, 2nd Assistant to Court Receiver present. CORAM :

BHARATI DANGRE, J DATE :

1st February, 2024.

P.C.

1] By order dated 10.11.2023, passed in the Petition, directions were issued to Respondent Nos.2 to 4 and 6 to vacate and hand over, quiet and peaceful possession of Flat No.A2 and Respondent Nos.7 to 9 to vacate the Flat No.D-32 in their possession and hand over its possession to the Petitioner, within 14 days of intimation. In the event of their failure to do so, the Court Receiver was appointed as a Receiver on Flat No.A2 and D-32 with the powers to 1/2

(6CRR-55-2024.doc take physical possession of the flats from the Respondents or any other person found in occupation thereof.

2] In furtherance of the directions, the Court Receiver has carried out the directions and submitted a report stating that physical possession of Flat No.D-32 was taken by breaking open the lock and after preparing the inventory of the articles, the possession is handed over to the Petitioner.

In the wake of above, the Court Receiver seek discharge. 3] Since the order passed on 10.11.2023 is implemented, the Court Receiver report is made absolute, in terms of prayer clause (a) and (b). [BHARATI DANGRE, J] 2/2