Mahalaxmi Milling Corpn And ORS v. State Bank Of Bikaner And Jaipur

901. IA 3100-25 in S 3897-93.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3100 OF 2025 IN SUIT NO. 3897 OF 1993 Mahalaxmi Milling Corporation and Anr.

...Applicants In the matter between State Bank of Bikaner and Jaipur ...Plaintiff V/s.

Mahalaxmi Milling Corporation & Ors.

...Defendants Mr. Niranjan Parekh with Ms. Sadiya Mahek i/b Mansukhlal Hiralal & Co. for the Applicants.

Mrs. Nandini Deshpande, 1st Assistant to the Court Receiver present.

CORAM

:

ABHAY AHUJA, J.

DATE :

14th JULY, 2025 P.C. :

1.

Mr. Parekh, learned Counsel appears for the Applicants and submits that this Interim Application has been filed seeking discharge of the Court Receiver pursuant to the order dated 29th March, 2007, passed by the Appellate Court.

2.

Mr. Parekh draws this Court's attention to the said order at page Digitally signed by NIKITA YOGESH GADGIL Date:

2025.07.14 15:07:30 +0530 NIKITA YOGESH GADGIL 32, which clearly indicates that the decree has been satisfied and accordingly, the Appeal was allowed to be withdrawn as being infructuous.

3.

Mr. Parekh submits that the Court Receiver accordingly be discharged without passing of accounts, of course, subject to payment Nikita Gadgil 1/2

901. IA 3100-25 in S 3897-93.doc of costs, charges and expenses of the Court Receiver, which he undertakes to pay.

4.

Ms. Deshpande, 1st Assistant to the Court Receiver submits that the Court Receiver was in symbolic possession and the Court Receiver be discharged without passing of accounts subject to payment of costs, charges and expenses. Ms. Deshpande submits that only a balance of approximately Rs.10,000/- is remaining with the Court Receiver. 5.

Having heard the learned Counsel as well as Ms. Deshpande, the Court Receiver is discharged from the symbolic possession of the property being Flat No. 31 situated at Dani Sadan CHS Limited, 113, Walkeshwar Road, Bombay-400 006 without passing of accounts subject to payment of costs, charges and expenses of the Court Receiver.

6.

The undertaking by Mr. Parekh that he will bear the payment of costs, charges and expenses of the Court Receiver is accepted as an undertaking to this Court.

7.

The Interim Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2