Laxmi Dental Export Pvt. Ltd. v. Yogesh Bagul And Others

Digitally signed by MEERA MAHESH JADHAV Date:

2025.05.06 18:44:00 +0530 MEERA MAHESH JADHAV 1/2 905-CRRl-91-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COURT RECEIVER REPORT NO.91 OF 2025 IN COMMERCIAL SUIT NO.243 OF 2022 Laxmi Dental Export Pvt Ltd.

...Plaintiff

Versus

Yogesh Bagul & Ors ...Defendants WITH INTERIM APPLICATION(ST) NO. 12639 OF 2022 WITH COURT RECEIVER REPORT NO. 157 OF 2022 ---- Mr. Hiren Kamod a/w Mr. Amit Jajoo, Mr. Vedant Chhajed and Mr. Aman Marwah i/b Induslaw for Plaintiff.

Mr. Ramesh Dube Patil, Mr. Ashish Gabhale, Ms Iraa Dubepatil i/b Jay & Co.for Defendant Nos.1 & 5.

Mr. Anuj Tiwari for Defendant No.2.

Mr. Tushar Sonawane for owner Mr. Ramvilas Lohiya. Ms Nandini Deshpande, 1 st Asst. to Court Receiver present.

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

th MAY 2025 DATED : 6 P.C. :

This Court had by an order dated 4 th March 2025 allowed the court receiver report no.91 of 2025 in terms of prayer clauses (a) and (b), for convenience the said prayers are reproduced hereinbelow: (a) The Hon'ble court may be pleased to direct Mr. Lonari Virendra Narayan, Additional Special Receiver to handover the abovementioned seized impugned material lying at the premises located at Unit No.497/1 at Meera Jadhav

2/2 905-CRRl-91-25.doc Lohiya Compound as mentioned in site report submitted by Additional Special Receiver to the Plaintiff on superdari. (b) Cost of this report be fixed at Rs.5,000/- and the Plaintiff be directed to deposit the same in the office of the Court Receiver." Today, Mr. Kamod. Learned Counsel appearing on behalf of plaintiff seeks an extension of time for ASR to comply with the order pointing out that the material which was lying in Unit No.497/1 at Lohia Compound, has now been moved to the neighboring Unit in Lohia Compound and thus to facilitate its removal from the neighboring Unit three weeks time is sought. Mr. Kamod also requests that co-operation from Mr. Ramvilas Lohia to offer inspection to the plaintiff of Unit No.497/1, just to ensure that the same is empty and there is no material lying.

Learned Counsel appearing on behalf of Mr. Lohia assures the court that all co-operation to this extent shall be furnished. He further submits that however, on the plaintiff's removing the machinery in question the vacant premises be handed over to his client.

Given this, I am inclined to extend the time to comply with the order dated th March 2025. Additionally, the fees of ASR quantified at Rs.45,000/- shall also be paid and discharged by the plaintiff. Mr. Kamod assures the court that the plaintiff shall within three weeks hand over vacant premises to Mr. Lohia. (ARIF S. DOCTOR, J.) Meera Jadhav