Date: 12-07-2019
Business: P.O. is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: P.O. is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv for applicant Mr.Bernandis present.
Matter is Adjd for Affidavit of Service to 18.11.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: None for the Plaintiff.
Adv for deft no.3A to 3C Ms.Sonam present.
KB
L.O. at 4.02 pm.
Adv for applicant Mr.Barnando Rase present.
Adv for applicant filed affidavit of service.
As per affidavit of service court receiver received by hand delivery on 18.09.2019.
As per affidavit of service plaintiff with the acknowledgement of RPAD return back with remark Not such party known.
Matter is Adjd for Steps against plaintiff and Reply of Court receiver to 16.12.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv for applicant Mr.Bernando present.
Adv for applicant to serve notice on plaintiff by way of pasting.
O-Serve notice on plaintiff by way of pasting on the address of plaintiff stated in the suit.
Matter is Adjd for Affidavit of Service to 14.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: P.O. is on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Adv for plaintiff Mr.Bernando present.
None for the defendant.
Adv for plff. filed Affidavit of Service.
Adv for plff. requested to issue notice by way of paper publication.
O-Issue notice by way of paper publication in two news paper and one of them shall be in local language.
Matter is Adjd for Service to 17.02.2020.
Next Purpose: SERVICE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv for deft no.3A and 3C Mr.Bernando present.
None for the defendant.
Adv for deft no.3A and 3C filed Affidavit of Service with the remark that notice is published in the news paper.
Matter is Adjd for Reply to 03.03.2020.
Next Purpose: REPLY
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: None for the Plaintiff.
Adv for deft 3A to 3C Mr. Bernando present.
Plaintiff did not filed any reply to Misc application. Hence, Misc application to proceed without reply of plaintiff.
Matter is Adjd for Hearing on Misc Application to 11.03.2020.
Next Purpose: HEARING
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: P.O.is on Leave.
Next Purpose: HEARING
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: HEARING
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 14.12.2020
Next Purpose: HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: P.O.is on Leave.
Adj to 25.03.2021.
Next Purpose: HEARING
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Qureshi for applicant is present.
Heard Adv. for the applicant. Considering overall circumstances, the Court Receiver to file the status report so that further orders can be passed.
Matter adjd for Court Receiver Report on 29.04.2021.
Next Purpose: REPORT
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: In view of Office Order No. 8/21 only urgent matters is taken up. Hence, Board Discharge. Adj to 11-08-2021.
Next Purpose: REPORT
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Matter called out at 12.05 p.m.
Adv. Raees for applicant.
Keep back
Later on at 04.50 p.m.
Adv. Raees for applicant.
Heard the Advocate for the applicant. He informed that Court Receiver served report No. 16 of 2021. However, the said report is not forwarded to this court. Hence, Court Receiver is directed to file said report in this court.
Matter stands adjourned to 13.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Matter called out at 12.29 p.m.
Adv. Raees for plaintiff present.
Officer from the Office of the Court Receiver, High Court Bombay, Mr. Manoj Patil a/w Mr. Rahul Powar present.
He tendered Report No. 16 of 2021. TOR. Exh.16.
I have perused aforesaid report. The Court Receiver is directed to submit further details with respect to whereabouts of legal heirs of deceased Deft. No. 1, 2 and 4.
Matter stands adjourned to 27.08.2021 for further report on status of
Deft. No. 1, 2 and 4.
Next Purpose: REPORT
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Matter called out at 12.31 p.m.
None present for plaintiff.
Adv. Bernardo Reis for Deft. No. 3 present.
Mr. Manoj Patil representative from the office of Court Receiver present. He tendered report in pursuance of order passed by this Court. TOR. Exh.17. By order dated 13.08.2021, this court directed the Court Receiver to submit report with respect to whereabouts of legal heirs of deceased Deft. No. 1, 2 and 4. The report says that there are 4 legal heirs of Deft. No. 1. They have sent Report No.16/21 on 29.07.2021. The service returned with endorsement as left. The report further says that they have received mail from Deft. No. 3b with death certificate of Deft. No. 2. They have also forwarded the address of Deft. No. 2. However, Ld. Advocate for LRs of Deft. No. 3 submitted that the Deft. No. 2 passed away without any LRs. He submitted that it is mentioned on the death certificate. But the death certificate is in French language. He is directed to file true translation of the said certificate with affidavit.
The report further mentioned 3 names as legal heirs of Deft. No. 4 with their addresses. The Court Receiver further informed that they cannot send copy of receiver report due to suspension of mail booking for international countries. The officer from Court Receiver showed the Circular dated 02.06.2021 and 23.04.2021. Although, at present they cannot be served but suspension of booking is not for permanent. The Court Receiver is requested to verify the present situation about booking. In the event, it is allowed. The Court Receiver do the necessary compliance of service to the legal heir of Deft. No. 4. In the event, if the LRs of Deft. No. 3 are having email address of LRs of Deft. No. 4, they may supply the same to the office of Court Receiver.
Ld. Advocate for Deft. no. 3(a) to (c) is ready to send courier through Bluedart services. Such service is allowed. Deft. No. 3(a) to (c) to bear the cost of service together with cost of Rs.2,000/- of present report.
Court Receiver is directed to serve through private service such as Bluedart at the expenses of Deft. No. (a) to (c). If the money of Deft. No. (a) to (c) is lying with the Court Receiver, the service expenses alongwith report charges be adjusted accordingly. Copy of present report is supplied to the Adv. Reis of Deft. No. 3(a) to (c).
Matter stands adjourned to 24.09.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Matter mentioned at 12.56 p.m.
Adv. Bernardo Reis for for Deft. No. 3(a) to (c) present
As per order dated 27.08.2021, services are not complete upon LRs of Deft. No.4. Advocate Bernardo Reis for Deft. No. 3(a) to (c) seeking time. Time granted.
Matter stands adjourned to 17.11.2021 for compliance.
Later on at 1.15 p.m.
Manoj S. Patil, representative of Court Receiver, High Court of
Bombay present.
He filed service report. It is marked as Exh.18
According to the aforesaid track report, the item is not yet received
to the addressee.
It is further informed that the LRs of Deft. No. 3(a) to (c) till date did
not pay the amount of Rs.2,000/-. Hence, he is directed to comply the
said order on or before next dated without fail.
The copy of aforesaid order be given to the officer of Court Receiver
to communicate the same to the advocate of Deft. No. 3(a) to (c).
Matter already adjourned to 17.11.2021
Next Purpose: COMPLIANCE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Court is on leave. Board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Matter called at 12.20 p.m.
Adv. Bernardo Reis a/w Adv. Sonam K. for Deft. No.3(a) to (c) present.
Mr. Manoj Patel, representative from court receiver\''s office.
Order on court receiver report. No. 16/21.
This court is in receipt of aforesaid report wherein the receiver is seeking following directions.
a) Whether the Court Receiver should hand over possession of the suit property to Defendant no.3 (a) to 3(c) as prayed in the MARJI Application (St) No. 7386 of 2019 ?
b) Whether the Court Receiver should pay the balance amount which will remain in the suit account after deducting costs, charges and expenses of the Court Receiver to defendant no. 3(a) as prayed in the MARJI Application ?
c) Direction to refund or adjust the amount paid by Mr. Roger Drego for the period upto December, 2023 be given.
d) That the cost of and incidental to this report be fixed at Rs.5000/- and defendant no. 3(a) to 3(c) may directed to deposit the same.
e) Any other directions that this Hon\''ble Court may deem fit and proper.
The court receiver is appointed vide order 23.04.1986 and possession of suit property was taken from original Deft. No.4. The present applicant, who is LR of Deft. No.3 filed application for handing over possession to him. This court tried to serve notice upon the LRs of Deft. No.4. the notice to Deft. No.4(i) , 4(ii) who are the resident of Australia, the report shows remark as mis-delivery. The report is marked as Exh.19 a/w postal receipt. The service report with respect to Deft. No.4(iii) is returned back containing remark “not known”. The report with returned envelope is marked as Exh.20.
The LRs of defendant no.3 also issued paper publication which TOR. Exh.21. In spite of that, none appeared for LRs of Deft. No.4.
Admittedly the suit was filed for administration of estate of deceased Santa Rita de Spirito Santo Coelho and Maria Francisca Coelho. The present applicant is only known and available LRs of deceased. Hence, the possession of the suit property needs to be handed over to them.
It appears from the record that the tenant Mr. Roger Drego had paid rent @ Rs.195.96 p.m. upto Dec, 2023. The court receiver stated that they have incurred the expenses of Rs.83,945/- together with cost of Rs.5,000/- towards the present report. Hence, the balance amount after deducting Rs.88,945/- be paid to the LRs of Deft No.3. after handover of possession.
In view of the above, direction court receiver report is disposed of and court receiver is discharge.
In view of the above, the present application is also disposed of as allowed.
Parties to act on authenticated copy.
Nature Of Disposal: ALLOWED
Disposal Date: 10-01-2022
