Final Order 1

Order Details: Other
Pdf Text: SU 225/19
Ex-4
Ex-5
Adv. Sirat Khan for plaintiff present along with Adv. Mr. Vinod
Kumar B. Singh. She submitted that from the list of advocates
submitted by her yesterday, advocate Mr. Vinod Kumar B. Singh is
ready to act as Court Receiver in this matter and willing to accept
the assignment.
I have heard Adv. Mr. Vinod Kumar B. Singh. He confirmed the
submissions made by the Ld. counsel for plaintiff and submitted
the purshis to that effect. The list of advocate and purshis filed by
Adv. Mr. Vinod Kumar B. Singh are taken on record.
List of advocates submitted by Ld. counsel for plaintiff.
Purshis filed by Adv. Mr. Vinod Kumar B. Singh.
In view of the above and submissions made by Ld. counsel for
plaintiff, FRSR following order is passed on NM no. 1151/19
ORDER
1. Notice of Motion no. 1151/19 is hereby allowed and made
absolute.
2. As to prayer clause (a), ad-interim relief of status quo granted
by the Hon'ble High Court and continued by this court thereafter,
is hereby confirmed.
3. As to prayer clause (b), prayer of plaintiff for appointment of
Court Receiver is hereby granted and advocate Mr. Vinod Kumar
B. Singh, r/o 3rd floor, K. K. Chember, P. T. Marg, D. N. Road, Fort,
Mumbai-400 001, is hereby appointed as Court Receiver on the
basis of purshis at Ex-5 filed by him before this court, with
following terms:-
a) Adv. Vinod Kumar B. Singh is hereby appointed as Court
Receiver without security, with all power under order XL (d)
of CPC.
b) The plaintiff shall pay an amount of Rs. 5,000/- per visit
to the suit site to the Court Receiver towards his remuneration
as agreed by him vide purshis at Ex-5.
c) The Court Receiver is directed to take formal possession
of the suit premises situated at Zopada on Plot no. 2,
Acharyawadi Chembur 47, 121/177, Zopada No. 783, Wadavali
Village, Dr. C. G. Road, Chembur, Mumbai-40007 as
described in para no. 1 of the plaint, during the pendancy of
the suit.
d) The Court Receiver shall with the aid and assistance of
the plaintiff, affix some mark/name plate on the suit site
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mentioning taking of his formal possession as representative
of the court, giving details and description of the suit property
and the date of taking possession.
e) The Court Receiver shall be entitled to take
assistance/protection from the police authority, while taking
possession of the suit premises, if the same is resisted by the
defendants or any other persons on behalf of the defendants.
f) The Court Receiver is also directed that after taking
possession of the suit premises, he shall appoint the plaintiff
as his agent in respect of the suit premises, on executing
necessary agency agreement with the plaintiff in that regard
which shall be continued during the pendancy of the suit. The
Court Receiver shall submit his report regarding taking his
formal possession of the suit premises on the next date.
g)Thereafter, the plaintiff shall submit an undertaking to this
court that she shall abide by the terms and condition of the
agency agreement during the pendancy of the suit and shall
also maintain account of the expenses incurred by her in
respect of the suit premises and furnish the same to the court
as an when required, along with report to be submitted once
in a year commencing from 01.01.2021 during pendancy of
the suit.
4. NM is disposed of accordingly.
Sheristedar is directed to give authenticated copy of today's
roznama to the counsel for the plaintiff and the Court Receiver for
their information and necessary action and compliance.
Matter stands Adj for report of Court Receiver to
12.01.2021.
Judge
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