: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1619 OF 2008 IN SUIT NO.4183 OF 1998 Smt.Rekha Kumar Shrimankar ....Plaintiff V/s. Smt.M.I. Shrimankar & Anr. ....Defendants And Umesh Katre ....Respondent Mr.P.J. Thorat for the Plaintiff. Mr.Pankaj Sutar i/b Khaitan & Jayakar for Defendant No.2. Mr.S.K. Sen i/b Kartikeya & Associates for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 14TH JULY, 2008. P.C. : 1. The Plaintiff has taken out this Notice of Motion for an order directing the Defendants to pay her a sum of Rs.50,000/- per month and for the appointment of a Court Receiver and for an order restraining the Defendants from obstructing her from entering upon the suit premises. 2. There is no question of granting prayers (a) and (b) atleast at this stage. Mr.Sen appears on behalf of third parties referred to in paragraph 19(c) of the plaint. No proceedings have been adopted : 2 : against these third parties. No orders therefore can be passed affecting the third parties. Prayer (b) even if granted cannot affect the rights, if any, of the third parties. Mr.Sen contends that the third parties are in possession pursuant to two agreements both dated 27.6.1996 and under the same an amount was deposited with the Defendants. He further states that the balance of Rs.69,00,000/- out of the said deposit remains to be repaid. 3. It appears that there are claims of third parties including the Income Tax Department inter-alia in respect of the suit property. It is further stated that there is also a recovery certificate under Section 101 of the Maharashtra Co-opeative Societies Act. 4. In these circumstances, it is necessary to appoint a Court Receiver to ensure that there is no waste in respect of the suit property. 5. In the circumstances, the Notice of Motion is disposed of as follows :- i). The Court Receiver, High Court, Mumbai shall be appointed in respect of the suit property. The Court Receiver shall take only : 3 : formal possession and appoint the third parties as his agents but without security or royalty. ii). The parties including the Plaintiff are at liberty to apply for the Court Receiver to adopt necessary proceedings including for the purpose of protecting the suit property. The Court Receiver shall put up the necessary report for the same, if such a request is made. iii). It is clarified that this order shall not affect any other proceedings which have been adopted or may hereafter be adopted by third parties. The proceedings shall continue irrespective of the pendency of this suit. Further such parties are by virtue of this order itself at liberty to implead the Court Receiver as a party to such proceedings which have been adopted and may hereafter be adopted without applying to the Court. iv). As per the order dated 23.9.1998, accounts shall be furnished on or before 31.7.2008. The Defendants shall also disclose all the agreements of any nature : 4 : whatsoever including that of Mr.Sen’s client and furnish the details of any amounts that may have been received pursuant thereto including where the same are presently deposited. The Defendants shall not without the permission of this Court deal with such amounts in any manner whatsoever. The details shall also be furnished on affidavit on or before 31.7.2008. The copies of the said documents, agreements etc. shall be furnished to the Plaintiff’s advocate on or before 31.7.2008.