1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.2210 of 2008 In Court Receiver's Report No.163 of 008 In Suit No.3221 of 1984 Atul Dhirajlal Sohni & anr. ... Plaintiffs v/s. Babubhai Mohanlal Choksey & ors. ... Defendants And Kailashprasad J. Agarwal ... Applicant Mr.C. D'Souza i/by A.B. Satpute for Applicant. Mr.A. Narula i/by J. Narula & Associates for Deft.No.2. Mr.Naik, representative of Court Receiver, present. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 25 th June, 2008 P.C. : 1. The order for demolition of unauthorised construction and extensions of two Galas has been passed in the aforesaid Suit in which Court Receiver has been appointed. The Court Receiver has been directed to demolish the unauthorised construction. The Court Receiver did not demolish as directed for want of work force. Hence, the Court Receiver Report was made. In that Report, an order came to be passed for carrying out the directions earlier passed for demolition. The only direction was that instead of the Court Receiver, Defendant No.2 would carry out the demolition 2 under the supervision of the Court Receiver at the cost of the defendant No.2. 2. The Applicant states that he was not given notice of that Application and his Advocate's name did not appear on board and so he was not heard. 3. In an order, which has already been passed on merits, the Applicant is not required to be heard again and again for carrying out and complying with the order. Nevertheless, the Applicant received the copy of the order on the Court Receiver's Report passed for demolition on 5th June 2008 by the Court Receiver's letter dated 7th June 2008, which was received by the Applicant on 9th June 008. The Applicant did not apply for any directions or for stay between 10th June and 24 th June 2008. The demolition had been fixed at 11 A.M. today. The Application lacks bonafides. The ad- interim injunction is refused. The Court Receiver shall comply with the order dated 5th June 2008, forthwith. 4. Mr.Narula on behalf of Defendant No.2 states that there is no need to file any Affidavit- in-reply to the Notice of Motion and hence, the Notice of Motion itself can be disposed of. 5. On the Applicant's own contention, no relief can be granted 3 to the Applicant in the Notice of Motion. The Notice of Motion stands dismissed. [SMT.ROSHAN DALVI, J.]