1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.906 OF 2008 IN APPEAL FROM ORDER NO. 464 OF 2008 A L O N G W I T H COURT RECEIVERS REPORT NO. 256 OF 2008 APPEAL FROM ORDER NO. 464 OF 2008 IN NOTICE OF MOTION NO. 342 OF 2007 IN S.C.SUIT NO. 374 OF 2007 Mr.Devinder Singh Kochar and 2 Ors. .......Appellants Verus Mr.Manjitsingh Devendrasingh Gill and 2 Ors. ........Respondents Mr.A.Joshi, adv.for appellants. Mr.Menon with Mr.Ajay, adv.for respondents no.1 and 2. Mr.Deokar, 1st Asstt to Court Receiver present. Coram: Smt.R.P.SondurBaldota, J. Dated : 11 th August, 2008. P.C. (ORDER ON COURT RECEIVER'S REPORT DATED 28TH JULY, 2008) : 1. By the order dated 6th May, 2008, the Appeal from Order No.464 of 2008 was disposed off in terms of the minutes of order signed by the advocates for both the sides and the respective parties. Under the consent terms, the Court Receiver High Court, Bombay appointed by the trial court vide its order dated 1st February, 2008 was to supervise and conduct the entire election process and 2 declare election results for the eleven committee members of respondent no.3, Gurudwara. Under Clause (g) of the consent terms, upon completion of the election process the Court Receiver is to hand over the complete charge of the management and records of respondent no.3 to the elected managing committee. Upon handing over of charge, the Court Receiver, High Court, Bombay stands discharged without passing accounts, but, subject to receiving the actual costs, charges and expenses. Pursuant to the order, the Court Receiver, High Court, Bombay has conducted the elections on 20th July, 2008 and declared the result of the election immediately. All that the Court Receiver needs to do now, is to hand over complete charge of the management and records of respondent no.3 to the elected managing committee. The Court Receiver is yet to receive a sum of Rs.13,171/- towards part of the costs payable by the respondents. The appellants have already paid their entire share of costs and charges. The respondent shall pay the amount payable by them within a period of one week from today. 2. Mr.Menon, learned counsel for the respondents, submits that consideration of report of the Receiver be postponed by one week. It appears that the respondents have filed some application before the trial court challenging the process of election and are expecting the application to come up for hearing within a period of one week. The request cannot be granted since, Clause (g) of the consent terms is a self operative clause. It is to be noted here that by 3 virtue of the minutes of order even the suit stands disposed off. 3. The representative of the Court Receiver will hand over the complete charge of management and records of respondent no.3 to the elected Managing Committee today at 5.00 p.m. at the premises of the Gurudwara. Since both the sides are represented before the court at the time of this order, there will not be any further notice given to the parties. 4. At the request of Mr.Menon, it is clarified that any application made before the trial court regarding elections will be considered on its merits uninfluenced by the order of discharge of the Court Receiver. [Smt.R.P.SondurBaldota, J]