M/S.R.R.B Realtors Pvt Ltd v. M/S.Subhash Nagar Rajeshwari Co-Operative Housing Society And ORS

1 6-CRR-115-2024.doc by MULEY SHUBHAM PRAVINRAO Date:

2024.07.15 17:00:53 +0530 MULEY SHUBHAM PRAVINRAO

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO. 115 OF 2024 IN ARBITRATION PETITION NO. 681 OF 2016 M/s. R. R. B. Realtors Pvt. Ltd.

...Petitioner

Vs.

M/s. Subhash Nagar Rajeshwari Co-operative Housing Society & Ors.

...Respondents

WITH INTERIM APPLICATION (L) NO. 32374 OF 2023 WITH INTERIM APPLICATION (L) NO. 32376 OF 2023 WITH INTERIM APPLICATION (L) NO. 32378 OF 2023 ----------------- Ms. Anushka Agarwal a/w Monisha Mane B. and Akshay Arora i/by Parinam Law Associates for the Original Petitioner in ARBP/681/2016 Mr. Krushna Jaybhay for Respondent No.1.

Ms. C. M. Vaidya, 2 nd Asst. to Court Receiver a/w Priti Pawshe, ASO is present. ----------------- CORAM : ARIF S. DOCTOR, J.

th JULY, 2024 DATE : 12 P.C.:- 1.

This is a disposed of Arbitration Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996. The present Applications have been taken out at the instance of certain individuals who claim to be entitled to certain flats in the redevelopment property.

Shubham 1/2

2 6-CRR-115-2024.doc 2.

Learned Counsel appearing for the Original Petitioner seeks time to file Affidavits-in-Reply. Replies, if any, to be filed on or before 26 th July, 2024.

Rejoinder, if any, to be filed on or before 2 nd August, 2024.

3.

Stand over to 16 th August, 2024.

4.

The Court Receiver has in its report dated 11 th March, 2024 sought following directions:

"(a) The Court Receiver be discharged without passing of accounts on payment of costs, charges and expenses by petitioner. (b) The cost of this report be awarded in the sum of Rs. 5,000/- and petitioner may be directed to pay the same in the office of the Court Receiver.

(c) Any other directions that this Hon'ble Court may deem fit and proper in the matter."

5.

Since it is now not disputed that the building has been completed, the obligations of the Court Receiver under the order dated 22 nd December, 2016 stand duly complied with and therefore there is no reason not to give discharge to the Court Receiver. The Court Receiver Report is allowed in the aforesaid terms on the Petitioner making the necessary costs, charges and expenses. (ARIF S. DOCTOR, J.) Shubham 2/2