Guinea Global Nx Builders And Developers And ANR v. Jai Anaant Sagar Co-Operative Housing Society Limited And ORS

35-CRR-210-2024 IN CARBPL-1725-2023.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COURT RECEIVER'S REPORT NO. 210 OF 2024 IN COMMERCIAL ARBITRATION PETITION (L) NO. 1725 OF 2023 Guinea Global NX Builders & Developers & Anr

...Petitioners

Versus

Jai Anaant Sagar Cooperative Housing Society

...Respondents

Limited & Ors SHEPHALI SANJAY MORMARE Mr Dishang Shah, i/b Piyush M Shah, for the Petitioners. SHEPHALI SANJAY MORMARE Date: 2024.07.03 18:40:06 +0530 Ms Charushila Vaidya, IInd Assistant to the Court Receiver, present.

CORAM:

ARIF S. DOCTOR, J DATED:

2nd July 2024 PC:- 1.

Learned Counsel for the Petitioner invites my attention to the order dated 16th April 2024, by which the Court Receiver came to appointed. The Court Receiver has today filed a report seeking following reliefs:

"(a) The Court Receiver may be discharged without passing account and on payment of cost, charges and expenses of the Court Receiver as the parties have complied the order of Hon'ble Court;

35-CRR-210-2024 IN CARBPL-1725-2023.DOC (b) That the cost of an incidental to this report be fixed at Rs. 5,000/- do come out of the funds that may be available with the Court Receiver in the suit account." 2.

The report sets out that the two flats in respect of which Receiver was appointed, possession of the same has been handed over to the Petitioner-Developer on 9th May 2024. Thus, the Receiver seeks discharge.

3.

Having heard Learned Counsel for the Petitioners and perused the Report, in my view, the Report deserves to be allowed in terms of prayer clauses (a) and (b) set out above.

4.

The amount of Rs. 50,000/- deposited by the Petitioners with the office of the Court Receiver shall stand refunded after deduction of the cost, charges and expenses incurred by the office of the Court Receiver. (ARIF S. DOCTOR, J)