1 CRR150.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO. 150 OF 2010 IN ARBITRATION PETITION NO. 262 OF 2003 Nirmala M. Khadawala. ... Petitioner. V/s. M/s. Vithal Bhelwala & Ors. ... Respondents. Mr. Sanobar P. Nanavati for the Petitioner. Ms. R.C. Nichani i/b. Amit Sheth for Respondents 1 & 2. Mr. Y.V. Divekar i/b. M/s. Divekar & Co. for Respondents 4 to 6. Mr. Christine Rewri i/b. Little & Co. for MSEB. Mr. G.G. Ketkar, 1st Asstt. C.R. CORAM : R.Y. GANOO, J. DATED : 26th OCTOBER 2010. P.C. :- The Petitioner Nirmala M. Khadawala took possession of the business on 17th June 2003 as the agent of the Court Receiver and the possession was handed over to the Receiver on 14th May 2009. Certain amount of money was deposited with the Receiver as the security deposit. She is asking for return of the said security deposit. It is to be noted that Respondent No.3 by name Lilavati Suratwala was also working as co-agent. The amount can be repaid only after ascertaining whether any dues are payable by said Petitioner in her capacity as agent of Court Receiver. Hence, Receiver is directed to give chance to parties to place before him 2 CRR150.10.sxw necessary material on the basis of which Receiver would be able to determine whether any amount is payable by the Petitioner in her capacity as agent of the Court Receiver and after that exercise is carried out, Court Receiver shall arrive at a finding whether any amount is payable to Petitioner. The Court Receiver shall place his report before the Court. 2. It appears that it is just difficult to conduct bidding before the Court Receiver to decide as to who shall act as an agent of the Court Receiver. It will be proper to direct a party who is interested in taking over as the agent of the Court Receiver to put its bid amount in a sealed envelope and hand over the said sealed envelope to the Court Receiver. On the appointed date the sealed envelope can be opened in the presence of all the parties and it can be decided as to who is the highest bidder and the person who is the highest bidder shall be appointed as an agent of the Court Receiver for the royalty amount payable on a monthly basis. The packet containing the bid amount shall be deposited with the Court Receiver on or before 19th November 2010. The Receiver shall open the bids in his office in the meeting to be conducted on 24th November 2010 and shall ascertain who is the highest bidder and said highest bidder shall be appointed as a agent of the Court Receiver on usual terms and conditions. Receiver and parties to act on the basis of the authenticated copy of this order duly authenticated by the Associate of the Court. (R.Y. GANOO, J.) 3 CRR150.10.sxw