1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 4401 OF 1996 WITH CHAMBER SUMMONS NO.1704 OF 2007 IN SUIT NO. 4401 OF 1996 WITH CHAMBER SUMMONS NO.1488 OF 2008 IN SUIT NO. 4401 OF 1996. Shri Niranjan Gopaldas Gogia & Anr. ..Plaintiffs. vs. M/s. Mahesh Associates & Ors. ..Defendants. .... Ms. Sunita R. Tiwari, for Plaintiffs. Mr. S.J. Khera, for Defendant Nos. 1 to 3. Mr. S.R. Pandey, for Jaikishan Lakhani on notice. Mr. Ramesh Budhwani, present in person on notice. Mr. Vijay G. Rane, S.O., C.R., present. .... CORAM : S.J.KATHAWALLA, J. DATE : 10TH SEPTEMBER 2009. P.C. Parties to the suit have tendered the consent terms dated 17 th June 2009 which are taken on record and marked ‘X’ for identification. 2 2. By an earlier order dated 16 th January 1997, the Court Receiver was appointed of the suit premises. When the Court Receiver went to take possession of the suit flat, he found Mr. Ramesh C. Budhwani occupying the suit flat. Mr. Budhwani filed a written undertaking in this Court dated 17 th March 2007 wherein he inter-alia undertook to hand over the vacant and peaceful possession of the suit flat to the Court Receiver as and when directed by this Court to do so. 3. It is the case of Mr. Budhwani who appears in person that he was gifted the flat by Mr. Jaikishan Lakhani. It is the case of Mr. Budhwani that he is occupying the said flat since the year 2000 that is admittedly after the Court Receiver was appointed in respect of suit flat. It is the case of Mr. Budhwani that Mr. Lakhani has cheated him by taking an amount of Rs.40,00,000/- from him and putting him in possession of the said flat to which Mr. Lakhani had no right, title and interest. The learned Advocate appearing for Mr. Lakhani states that Mr. Lakhani has no claim over the said flat and the allegations of Mr. Budhwani are false and are denied. 3 4. In any event, Mr. Budhwani will have to hand over the flat to the Court Receiver as undertaken by him and even otherwise, since he has taken the possession of the flat after the Court Receiver was appointed, he will have to return the same to the Court Receiver. If Mr. Budhwani has been cheated by Mr. Lakhani, he will have to take out appropriate proceedings against Mr. Lakhani. 5. Mr. Budhwani seeks twelve weeks time to vacate the flat. However, four weeks time is granted to him to vacate the suit flat, since he has another flat in the same building. In the event of Mr. Budhwani not vacating the suit flat within a period of four weeks from today and fails to hand over possession of the same to the Court Receiver, the Court Receiver shall forcibly dispossess Mr. Budhwani and/or any other person found in the said flat, if necessary, with the assistance of the police. The Court Receiver shall after taking possession of the said flat from Mr. Budhwani, forthwith hand over the possession of the suit flat to the plaintiffs as set out in the consent terms. 4 6. The above suit is accordingly disposed of in terms of the consent terms marked ‘X’. Refund of Court fees as per rules. Chamber summons nos.1704 of 2007 and 1488 of 2008 also stands disposed of. [ S.J.KATHAWALLA, J. ]