1 CRR-122 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Court Receiver s Report No.122 of 2010 IN Suit No.2792 of 2000 Shri P.M.A. Hakeem & ors. ... ... Plaintiffs v/s. U.P. Co-operative Spinning Mills Federation & anr. ... ... Defendants Mr.Simil Purohit with Ms.Azmin Irani, Mr.Sandip Vimdalal, Mr.Manish Doshi i/by Vimadalal & Co. for S.R. Textiles Suppliers. Ms.Cynthia Pereira with Vaarun Mamniya i/by Rajani Associates for Plffs in Suit No.648/2003. Ms.Aarti Khadilkar i/by Bhave & Co. for S.B.I. Intervenor. Ms.Shweta Doshi i/by Rustomji & Ginwala for Plffs. Mr.G.G. Ketkar, 1st Asstt. to C.R. - present. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 22nd July, 2010 P.C. : 1.The Court Receiver has been directed to take actual possession of the movables purchased by M/s.S.R. Textiles Suppliers in an auction sale conducted under procedure established by law. 2 CRR-122 2.The Court Receiver came to be appointed and was directed to take possession since the order of this Court passed on 3.12.2001. The Police Officers of the State of Uttar Pradesh were directed to assist the Court Receiver in that behalf. In an appeal from that order, the order came to be upheld and further directions and steps to sell the property and realise the accounts came to be passed. The property came to be sold at an auction sale. Thereafter, under the order dated 16.10.2003 of this Court, the Court Receiver s Report was made absolute in terms of prayers (a), (b), (c) and (e). Under those prayers, he was directed to hand over possession to the auction purchaser M/s.S.R. Textiles Suppliers. All the concerned authorities of Etawah District of Uttar Pradesh, including the local Police and the Superintendent of Police were directed to provide security and protection to the Court Receiver in handing over possession. Appeal from that order filed in the Supreme Court came to be dismissed on 6.12.2005. Further proceedings taken out by the Defendants in the suit came to be dismissed. Appeal filed therefrom in the Supreme Court has also been dismissed. 3.The Review Petition filed from the order of dismissal of the Special Leave Petition has also been dismissed 3 CRR-122 on 13.7.2010. 4.It is seen that all throughout these proceedings, there has been no order of stay. Despite the same, the authorities in Etawah District Uttar Pradesh have not given adequate Police protection to the Court Receiver to hand over possession of the movables lawfully purchased by the auction purchaser M/s.S.R. Textiles Suppliers. 5.The Court Receiver has made the report on 7.6.2010 setting out how the Judicial as well as Executive Officers of the State of Uttar Pradesh, including the District Magistrate / Collector of Etawah, the Upper District Magistrate and the Superintendent of Police have not rendered assistance to the Court Receiver, as directed. The report also shows how the General Manager of Defendant No.1-Company one N.K. Mishra has obstructed the proceedings of the Court Receiver through these judicial as well as executive functionaries. The Review Petition, which was then pending, was pointed out to the Court Receiver. By now, even the Review Petition has been dismissed. Hence, the Court Receiver must take possession of the movables and hand them over to the auction purchaser M/s.S.R. Textiles Suppliers. The District Magistrate / Collector of Etawah, the Upper District Magistrate, as 4 CRR-122 well as the Superintendent of Police shall personally render security, assistance and protection to the Court Receiver and personally see that the movables sold under the auction sale conducted by the Court Receiver are handed over to M/s.S.R. Textiles Suppliers. 6.It is clarified that if the required assistance is not provided as directed, and if possession of the movables is not peacefully handed over to the Court Receiver by the aforesaid functionaries, the proceedings against each of them shall be initiated. 7.Court Receiver to report compliance. 8.The Court Receiver s Report is disposed of accordingly. (SMT.ROSHAN DALVI, J.)