Prakash Kishenchand Sapra v. Azalea Holiday Inn Pvt. Ltd. And ORS.

1 5-CRR-256-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO. 256 OF 2024 IN SUIT NO. 406 OF 2022 Prakash Kishenchand Sapra ...Plaintiff Vs.

M/s. Azalea Holiday Inn Pvt. Ltd. & Ors.

...Defendants WITH INTERIM APPLICATION (L) NO. 26994 OF 2021 WITH APPEAL NO. 66 OF 2024 ----------------- Adv. Archit Jayakar a/w Mihir Kakade i/by Jayakar & Partners for the Plaintiff. Adv. Anuuj N. Narula i/by Jhangiani Narula & Associates for Defendant Nos.1 to 6.

Mr. Nitin C. Pawar, Officer on Special Duty, Court Receiver a/w Mrs. Dukhande, S.O. is present.

----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 27TH AUGUST, 2024 P.C.:- 1.

Mr. Narula, Learned Counsel appearing on behalf of Defendant Nos.1 to 6 today seeks time to file Affidavit-in-Reply in respect of Court Receiver Report No.189 of 2024. Let that reply be filed within a period of two weeks from today.

Shubham 1/2

2 5-CRR-256-2024.doc 2.

Stand over to 13 th September, 2024.

3.

Given that the premises which were occupied by Defendant Nos.6 and 13(a) to 13(d) have now been handed over and are in the symbolic possession of the Court Receiver. Let the Court Receiver take the physical possession of the same and seal the said premises. 4.

Court Receiver Report No.256 of 2024 is accordingly disposed of in the aforesaid terms. The costs of the said Report in terms of prayer clause (b) shall be paid by the Plaintiff.

5.

It is directed that given the previous orders of the Court which have acknowledged the need for securing the premises in question, the Court Receiver is directed to proceed with installation of CCTV as also engaging the necessary security in respect of the said premises. The Plaintiff will be permitted to have access of the CCTV footage in respect of the said premises insofar as the same covers the main gate/door of the said premises at this instant. It is made clear that all costs, charges and expenses shall be borne by the Plaintiff at this instant. (ARIF S. DOCTOR, J.) Shubham 2/2