1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.454 OF 2008 IN SUIT NO.1659 OF 1981 M/s.Courtesy Cleaners .. Plaintiff Versus Pragati Dilip Kavli & Ors. .. Defendants Mr.N.D.Monte for plaintiff Mr.Bimal Bhabhde i/b. Apte & Co. for defendants Mr.Prasad M. Pabralkar Def.1(e) in person Mr.G.G.Ketkar, 1st Asstt. to C.R. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th January 2009. P.C. . The Court Receiver has sought directions with regard to execution and implementation of an ex parte decree dated 10th October 2002 in the above suit. 2. The Court Receiver has sought directions because one Mr.Wilson Master who was found in 2 suit shop refused to hand over possession to the Court Receiver who is appointed in execution of the decree. 3. At the hearing of this report, the learned Counsel appearing for judgement debtor states that the judgement debtor No.1(e) Mr.Prasad Mahadeo Pabralkar is carrying on the business in the name and style of "Kushal Drycleaners" from the suit shop and he has requested him to make a statement that physical possession of this shop would be handed over to the Court Receiver on or before 15th April 2009. The statement by the learned Counsel is made after seeking instructions from the judgement debtor No.1(e) who is present in Court. 4. In the light of this statement which is accepted as an undertaking to this Court, no orders and directions are necessary on the report. Needless to state that if physical 3 possession is not handed over to the Court Receiver by 15th April 2009, as undertaken before me, then, the Receiver can take forcible possession of the suit shop and further needless to add that for doing so, he can seek necessary police assistance from the local police station. In addition, the decree holder - plaintiff can initiate proceedings for breach and violation of the undertaking given to this Court and the order made in pursuance thereof. Report is disposed of. (S.C.Dharmadhikari, J)