Full Order Text
Final Order 1 · 08 Feb 2021 · CNR MHCC010010672019
Order Details: Other Pdf Text: IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100202/2019 Manshi Developers Vs Bhavesh C. Patel And Anr Date : 08-02-2021 Business : Advocate Nitin Rajeshirke for plaintiff present. None for defendant. Perused Ch/s no.202/19. The Plaintiff has sought direction to the Court Receiver, High Court Mumbai to accept the possession of flat no.702 in the newly constructed building i.e. Manshi Adinarayan Residency in view of undertaking tendered by the Plaintiff. Proceedings indicate that the Court receiver was appointed for the purpose of taking possession of old flat and to handover the same to the Plaintiff for the purpose of redevelopment. The Court receiver has submitted a report at Exh.4 and my predecessor has discharged the Court receiver on 16.07.2019. The undertaking Exh. -&amp#039C&amp#039 to the Chamber Summons nowhere indicates that the Plaintiff had undertaken to handover possession of the redeveloped flat to the Court receiver. In such circumstances, nothing survives in Ch/s No.202/19 and it is disposed of. On the request of advocate for Plaintiff two weeks time is granted to deposit costs as per order dated 16.07.2019. The case is adjourned to 16.03.2021 for Ch/s hearing Nature of Disposal : OTHERWISE Disposal Date : 08-02-2021 COURT 3 ADDL. SESSIONS JUDGE -- 1 of 1 --