1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.779 OF 2008 IN COURT RECEIVER' S REPORT NO.234 OF 2008 ALONG WITH COURT RECEIVER' S REPORT NO.295 OF 2008 IN SUIT NO.3091 OF 2001 Shaw Wallace & Co. Ltd. .. Appellant Vs Junot Chagas Pereira & Ors. .. Respondents -- Shri D.D. Madan along with Shri M.S. Doctor i/by B. Munim & Co. for the Appellant. Shri Gaurav Joshi along with Nirav Shah and Bhushan Panse i/by DSK Legal for Respondent No.1. Shri Basant Tilokani i/by M/s. J.N. & Associates for Respondent No.7. Shri K.L. Vyas, Court Receiver present. -- CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J DATED : 7TH JANUARY, 2009 P.C. 2 We have heard learned counsel appearing for the parties. 2. By an order dated 11th December, 2008 all that has been done by the learned Single Judge is that he has issued directions to the Court Receiver to file a suit for appropriate relief against the tenants/occupants. While issuing such direction, the learned Single Judge relied upon the affidavit filed by M/s. Shaw Wallace & Co. Limited as well as the report of the Receiver and the report submitted by the Architect Dr. Roshan Namavati. We are of the considered view that the order in question does not decide any material controversy which has the effect of deciding any right or obligation of the parties thus constituting a judgment within the meaning of Clause 15 of the Letters Patent. Despite that, the main grievance made before us is that certain observations made in the order may amount to determination of controversies which are likely to arise in a suit before the Court of competent jurisdiction. While declining to interfere in the order passed by the learned Single Judge challenging the appeal, we make it clear that any observations or the findings recorded in the impugned order will no way influence and would not 3 be treated as a conclusive for the purpose of decision of a suit which the Receiver may institute in furtherance of the directions of the Court. 3. The petition accordingly stands disp osed of. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J