1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.831 OF 2009 IN SUIT NO. 671 OF 2002 Rashid Sattar Oomerbhoy ...Plaintiff Vs. Majid Ahmedbhoy Oomerbhoy and Ors. ...Defendants ----- Mr.Rahul Narichania a/w. Mr. Astad Randeria a/w. Ms.Aditi Prabhu i/b. Desai Desai & Carrimjee for Plaintiff Mr. Rafeeq Peermohideen a/w. Mr. Z.A. Jariwala i/b. Thakore Jariwala and Associates for Defendant No.1. Ms. Archana Patil i/b. Jurists Uno for Defendant Nos. 4,5 and 6 Mr. Shailesh Thakkar i/b. S. Thakkar and Co. for Defendant No.7 ----- CORAM: V.M. KANADE J. DATED: 8TH MARCH, 2010 P.C. 1. This Chamber Summons is taken out by the Defendant No.7 seeking direction to the Court Receiver to take physical possession of the entire premises owned by the trust except ground floor of the factory premises and also direct the Court Receiver to adopt appropriate legal proceedings for ejectment and 2 recovery of vacant possession of the premises rented out to M/s. Ahmed Oomerbhoy i.e. the ground floor of the factory premises and in the alternative permit the Defendant No.1 to initiate appropriate ejectment proceedings on behalf of the Court Receiver and lastly, for an order of injunction restraining the Court Receiver from selling, transferring, alienating etc. the premises rented out to M/s. Ahmed Oomerbhoy by the Wakf Trust. 2. In this suit, initially an interim order was passed by Brother S.C. Dharmadhikari J. by consent of parties on 6th May,2004 and it was agreed by the parties that the Court Receiver should be appointed as receiver of the assets of the Trust. This order was confirmed as a final order which was passed by Justice A.M. Khanwilkar, who was pleased to pass a preliminary decree by consent in terms of prayer clauses (a), (b) and (c). The Commissioner for taking accounts was directed to submit report. 3. In view of the two orders which are passed, in my view, it will not be possible to grant the reliefs, which are prayed by the Defendant No.7 in this Chamber Summons as practically if the said reliefs are granted, it would amount to modify the interim order passed by Brother S.C. Dharmadhikari J. dated 6th May, 3 2004 and confirmed by Justice A.M. Khanwilkar. 4. Chamber Summons, therefore, is disposed of. (V.M. KANADE J.)