1 NMS431.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 431 OF 2010 IN SUIT NO. 2415 OF 2009 Narendra Kumar Rajdhari Gupta @ Kandu. ... Plaintiff. V/s. Rajendra Kumar Rajdhari Gupta & Anr. ... Defendants. Mr. Dharam Sharma i/b. Dharam & Co. for the Plaintiff. Mr. V.G. Vaidya for the Defendants. CORAM : R.Y. GANOO, J. DATED : 7th MARCH 2011. P.C. :- This Suit is for partition by meets and bounds with regard to the hotel business more particularly described in prayer clause (a). The Motion has been taken out for appointment of a Court Receiver. 2. I have heard learned Counsels appearing on both sides. Looking to the nature of the dispute and the interim relief sought, I am inclined to observe that since the Suit is in respect of a going business, it would be proper to appoint a Receiver and direct the Receiver to conduct bidding and allow the parties to bid so that the highest bidder would be put in business of the Suit premises to carry out the business. 3. The learned Counsel for the Defendants indicated to the 2 NMS431.10.sxw Court that there are some other persons who are not joined as a party Defendants. In order to fetch a better price through the highest bidder, the persons other than the parties which may include the persons who are not joined as party Defendants can participate in the bidding. 4. In view of this, following order is passed :- (i) Receiver, High Court, Bombay is hereby appointed in respect of the hotel business set out in prayer clause (a). (ii) He shall take formal possession of the premises and other articles and equipments lying in the premises. By notice to the Plaintiff and the Defendants as also by displaying a notice in the conspicuous place of his office, he shall announce a date of bidding and he shall conduct bidding. (iii) The Plaintiff, both the Defendants and even outsider will be permitted to bid. Highest bidder shall be appointed as an agent of the Court Receiver on usual terms and conditions. 5. The Motion stands disposed of in the above terms with no order as to costs. If the Defendants have not filed written statement, they shall file the same directly in the Office on or before 29th April 2011. Suit to come up in usual course. (R.Y. GANOO, J.) 3 NMS431.10.sxw