: 1 : Vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.21 OF 2010 Sidhivinayak Builders ... Appellant V/s. New Mercury `A’ CHS Ltd. ... Respondent Mr.Diwakar Dwivedi for Appellant Mr.Rahul Pandey for Respondent Mr.S.S. Surwade S.O., Court Receiver’s office and Mr.Gajanan Surve, Representative of Court Receiver, present CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 3, 2010 P.C.: 1. The grievance of the appellant is that the trial Court has refused to grant ad- interim relief in the notice of motion filed by the appellant for setting aside the order passed by the trial Court on 20.8.2009. According to the appellants, the order dated 20.8.2009 passed in the notice of motion No.527 of 2008 was passed ex-parte and in fact the appellants were not served with a notice of the hearing or a copy of the notice furnished. 2. It is in these circumstances that the draft Notice of Motion has been moved by the appellant. 3. In my view, since the Court Receiver has been directed to take possession by the order of 20.8.2009 that order should be modified till the hearing of the notice of : 2 : motion which is filed by the appellants. 4. The Receiver will take symbolic possession of the suit premises as directed on 20.8.2009 by the trial Court. Physical possession of the property shall not be taken till the notice of motion is disposed of by the trial Court. The Notice of Motion shall be disposed of within four weeks from today. 5. Appeal is disposed of accordingly. In view of this, civil application No.31 of 2010 does not survive and the same stands disposed of.