1 9.nms.966.11.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.966 OF 2011 IN NOTICE OF MOTION NO.3326 OF 2004 AND COURT RECEIVER’S REPORT NO.89 OF 2011 IN SUIT NO.3234 OF 2004 Mrs.J.Kalyani and ors .. Plaintiffs versus Mr.Ambalal Gulabchand and ors ..Defendants -------------------------- Mr.Anil Kumar Patil i/b M.R.Raibagkar,for the Plaintiff. Mr.M.A.Shah,for the Defendant No.4. Mr.Parag Sawant i/b Desai and Diwanji,for Defendants 2 and 3 Mr.G.G.Ketkar,1st Asst to Court Receiver present in person. CORAM: S.J.KATHAWALLA, J. DATED: MAY 4, 2011 P.C. Following order is passed by consent of the parties: i) The Defendant No.4 shall within a period of two weeks from today hand over to the Court Receiver the entire accounts including all the particulars of the rents collected from the tenants, counterfoils of the rent receipts and payments made by him towards statutory dues from the date of his Appointment as agent of the Court Receiver till date. 2 9.nms.966.11.sxw ii) The Plaintiff shall be entitled to obtain copies of all the documents provided to the Court Receiver by Defendant No.4 upon payment of necessary Photostat charges from the office of the Court Receiver. iii) The Court Receiver shall call a meeting of the parties on 16th May,2011 at 12.00 noon and take appropriate decisions as to the proposed action to be taken against the tenants who have not paid the rent for the use and occupation of their respective tenements since the last six months and more and as regards the notice received from MHADA for the repairs to be carried out to the suit building. iv) Respondent No.4 agrees that the legal costs for taking action against tenants etc shall be initially borne by him and the decision pertaining to the appointment of Advocates for that purpose shall be jointly taken by the Plaintiff and the Defendant v) The Defendant No.4 undertakes that he shall submit yearly accounts to the Court Receiver in respect of the Suit building on or before 30th April of each year. The undertaking is accepted. vi) The Court Receiver shall after holding the meetings with the parties submit his report to this court on or before 15th June,2011 seeking necessary directions. vii)Court Receiver to act on a copy of this order duly authenticated by the Associate of this court. viii)Notice of Motion No.966 of 2011 stands disposed of. ix) Court Receiver’s Report No.89 of 2011 also stands disposed of. x) Liberty to apply. (S.J.KATHAWALLA,J)