1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2700 OF 2009 IN ARBITRATION PETITION NO. 277 OF 2005 Kotak Mahindra Bank Ltd. ..Petitioner. Vs. Mokashi Aromas Pvt.Ltd. & Anr. ..Respondents. ---- Mr. Ashish Kamat i/b Kartikeya & Associates, for the Petitioner. Mr.Farhan Dubash with Mr. Rajiv A. Jadhav, for Respondent Nos.1 and 2. ----- CORAM : S.J. VAZIFDAR, J. DATED : 24TH AUGUST, 2009 P.C. :- 1. The Notice of Motion is heard finally. 2. By this Notice of Motion, the Petitioner seeks an order discharging the Court Receiver in respect of the properties described in Exh.`B’ to the affidavit-in-support of this Petition and for an order directing the receiver to hand over the possession of the said properties to the private receiver appointed by the D.R.T. 2 3. The Court Receiver was appointed by an interim order dated 11.06.2004 at the time of admission of the Petition. The Petition was finally disposed of by an order dated 06.12.2005. The learned Judge rejected the request for confirmation of the order of the receiver. The order dated 11.06.2004 thereby came to an end. In the circumstances, the receiver does not stand appointed in respect of the said properties. The formal order discharging the receiver is hereby granted. The receiver was appointed at the instance of the Petitioner. The Petitioner is therefore entitled to have an order discharging the receiver. However, I am not inclined to grant further reliefs directing the receiver to hand over the possession to the private receiver appointed by the D.R.T. That order must be passed by the D.R.T. on the application which must be made in this regard. As far as this court is concerned, there is no impediment to the D.R.T. granting such order. As far as this court is concerned, the receiver stands discharged in respect of the properties described in Exh.`B’ to the affidavit-in-support of this Petition. 4. Mr. Dubhash, the learned counsel appearing on behalf of the Respondent made various allegations regarding loss caused to the Respondents. I am not concerned with the same in this Notice of Motion. 3 5. The Notice of Motion is accordingly disposed of with the following order:- . The Court Receiver stands discharged without passing accounts but subject to payment of his costs, charges and expenses. The receiver shall, however, not to act on this order till 31.10.2009, save and except, any order that may be passed by the D.R.T.