Full Order Text
Final Order 1 · 03 Jul 2019 · CNR MHCC010043862019
Order Details: Notice of Motion Pdf Text: 1 SC71.88 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Notice of Motion No.1605 of 2019 In S.C. Suit No.71 of 1988 (High Court Suit No.1493 of 1988) Tamiz Begum Gulam Dastagir Shaikh .. Plaintiff V/s. M/s.Bombay Builders & Ors. ..Defendants Coram : H.H.THE PRINCIPAL JUDGE V.G. BISHT Dated : 3rd July,2019 (C.R.No.19) Advocate Mr.S.S. Redekar for plaintiff. Mr.D.K. Patil, Section Officer from the office of Court Receiver present. Defendant no.12 and advocate absent. O R A L O R D E R Read application supported by affidavit. Heard learned counsel for plaintiff. None present for defendant no.12 though served. Court Receiver submitted that he has no objection to the present Notice of Motion. -- 1 of 4 -- 2 SC71.88 2 It appears from the record that my Learned Predecessor had appointed plaintiff as an agent of Court Receiver, High Court Bombay and plaintiff is depositing royalty before the Court Receiver regularly. It is further seen that the suit wherein the present Notice of Motion is taken out was disposed of by my Learned Predecessor on 3rd January,2019. While decreeing the suit, my Learned Predecessor directed the Receiver to handover the documents, if any, to the plaintiff and further that plaintiff is entitled to receive the amount of royalty deposited with Receiver after deducting the official charges of the Receiver and on such compliance being made, the Receiver shall stand discharged. 3 Now, by the present Notice of Motion, plaintiff wants that the Court Receiver be discharged without passing account and that Court Receiver be directed to refund royalty amount alongwith accrued interest thereon. The Court Receiver has no objection to these prayers. 4 In view of above, I pass the following order: O R D E R Notice of Motion No.1605/19 is allowed. The Court Receiver stands discharged without passing account. The Court Receiver is directed to refund the royalty amount alongwith accrued interest thereon after deducting his official -- 2 of 4 -- 3 SC71.88 charges, if any, in the light of clause (6) of order dated 3rd January,2019 passed by my Learned Predecessor. 03/07/2019 (V. G. BISHT) Principal Judge, Gr.Bombay. Dictated on : 03/07/2019 Transcribed on : 03/07/2019 Signed by HHJ on : 03/07/2019 -- 3 of 4 -- 4 SC71.88 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER Name of Stenographer: Mrs.Aruna S. Jayade Upload date and time: 03/07/2019 (5.00 p.m.) Name of the Judge H.H.THE PRINCIPAL JUDGE Shri V.G. BISHT(C.R.No.19) Date of Pronouncement of Order 3rd July,2019 Order signed by P.O. on 3rd July,2019 Order uploaded on 3rd July,2019 -- 4 of 4 --