Kamlesh Himmantlal Shah And ORS v. Jaswantlal Mohanlal Khandar And ORS

13-CRR-66-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION COURT RECEIVER REPORT NO. 66 OF 2024 IN MISC PETITION NO. 149 OF 2016 Kamlesh Himmantlal Shah And Ors

...Petitioners

Versus

Jaswantlal Mohanlal Khandar And Ors

...Respondents

*** Mr. Tejas Vora and Mr. D. R. Mishra for Petitioner. Ms. Tanaya Patankar for Union of Gujrat Rajya Kamdar Sena. Mr. S. K. Dhekale, Court Receiver, High Court Bombay. Mr. N. C. Pawar, Office on Special Duty, Court Receiver Office. *** Digitally signed by SANTOSH SUBHASH KULKARNI Date:

2024.10.11 09:37:20 +0530 SANTOSH SUBHASH KULKARNI

CORAM

:

N. J. JAMADAR, J.

DATE :

9th OCTOBER 2024 PC.

:

1.

Heard the learned Counsel for the parties.

2.

Perused the Court Receiver's Report.

3.

The Court Receiver submits that, at this stage, the Court Receiver is not pressing for directions in terms of prayer clause (b) and pay out to B. K. Ahir, the workman referred to in prayer clause (d).

4.

Mr.Vora, the learned Counsel for the petitioner, on instructions, submits that the petitioner has no objection to grant D.A.ETHAPE

13-CRR-66-2024.doc prayer clause (a) and (d) except the claim of B. K. Ahir. 5.

In view of the aforesaid submissions and for the reasons in the Court Receiver's Report, the Court Receiver's Report is made absolute in terms of prayer clause (a) and (d), except pay out to B. K. Ahir and (e).

6.

As regards prayer clause (c), the legal representative of the 13 workers, who have passed away, are at liberty to apply to the Court Receiver for release of the amount payable to the deceased workers within a period of six weeks.

7.

Upon receipt of such application(s), the Court Receiver shall file an appropriate Report before this Court. Court Receiver's Report disposed.

(N. J. JAMADAR, J.) D.A.ETHAPE