1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 281 OF 2009 IN SUIT NO. 4913 OF 2000 Majid Ahmedbhai Oomerbhoy ..Plaintiff Vs. Rashid Sattar Oomerbhoy and Ors. ..Defendants And Hans Raj Jassal ...Applicant ---- Mr. Neel Helekar for Applicant Mr. Rafeeq Peermohideen a/w. Mr. Z.A. Jariwala i/b. T. Jariwala and Associates for Plaintiff Mr. Rahul Narichania a/w. Mr. Astad Randeria a/w. Ms.Aditi Prabhu i/b. Desai Desai and Carrimjee for Defendant No.1 Ms. Archana Patil i/b. Jurists Uno for Defendant Nos. 2,3 4(a) and 4(c) ---- CORAM: V.M. KANADE J. DATED: 8TH MARCH, 2010 P.C. 1. Heard the learned Counsel for the Applicant and the learned Counsel for the Plaintiff and the Defendants. 2 2. Applicant has filed this Chamber Summons for release of the property viz. 43, Shopping Centre-I, Block-F, Manasarowar Garden, New Delhi - 110015 from attachment and custody of the Court Receiver. A decree has been passed by the Civil Judge, Tis Hazari Court, New Delhi and an order has been passed for eviction of the firm in view of the revocation of the tenancy dated 18.12.2001. It is an admitted position that though Court Receiver is made a party to the suit, leave of this Court has not been obtained. Hence, at this stage, payer clause (b) cannot be granted. Liberty, however, is granted to the Applicant to seek leave of this Court and thereafter, seeks reliefs which are prayed in the Chamber Summons. 3. Chamber Summons is, accordingly, disposed of with liberty as prayed. No adverse orders of sale of the said tenancy shall be passed without giving notice to the Applicant herein. (V.M. KANADE J.)