-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 501 OF 2009 IN COURT RECEIVER’S REPORT NO. 132 OF 2009 IN SUIT NO. 3901 OF 2009. Bharati Mukund Shah & Anr. ..Appellants. Versus M/s. Sidhwa Developers & Others. .Respondents. AND The Court Receiver. ..Applicants. Shri. Gautam Patel a/w Shri. Rucher Tolat & Co., for the appellant. Shri. V. R. Dhond a/w Shri. Birendra Saraf i/b T. N. Tripathi & Co., for the respondent no.7. Shri. K. L. Vyas, Court Receiver is present. Coram : P. B. Majmudar & R. V. More, JJ. Date : December 16, 2009. P. C. : 1. Heard learned advocates. This appeal is directed against the order of the learned Single Judge dated 6th July 2009 by which the learned Single Judge directed the Receiver to hand over the possession to the original applicant as he was found in possession of the said shops at the time when the Receiver had taken possession of the shops from him. Learned Single Judge found that as the Receiver had been discharged the Receiver must hand over the possession to the applicant from whom the -: 2 :- possession was taken. 2. Learned counsel Mr. Patel strenuously urged that the applicant was in possession of the shops only few days back when the Receiver took possession from him and that the Respondent applicant has no right, title and interest in connection with the suit shops. 3. We have gone through the order of the learned Single Judge and we have considered the submissions made on behalf of the appellants. It is not in dispute that at the relevant time the Receiver obtained possession of the shops in question from the applicant – Shreechand Lunia. Once the Receiver is discharged, the possession has to be given to one from whom it was obtained. Whether said Lunia has any right, title or interest is not adjudicated in these proceedings. We are of the opinion that when it is not in dispute that at the relevant time said Shreechand Lunia was in possession when the Receiver took possession, possession is required to be restored back to the said applicant. It is also not in dispute that the goods were also taken away by the Receiver from the said shops, which were belonging to said Lunia. Consider the above facts, we are not inclined to interfere with the order of the learned Single Judge. 4. We make it clear that it is open for the Appellant to take out appropriate proceedings for obtaining possession of the said shops from -: 3 :- said Mr. Lunia and the order of the learned Single Judge and this order shall not come in the way of the Appellant from taking such proceedings in accordance with the law. It is always open to take out title proceedings for obtaining possession of the said shops from the concerned person. Subject to what is stated above, appeal is dismissed. 5. The expenses and other charges incurred by the Receiver as per his report to be paid by said Shreechand Lunia. The said charges shall be paid within a period of one week from today. However, we make it clear that said Shreechand Lunia has a right to recover the same from the Appellant as per law. 6. Respondent - Applicant Shreechand Lunia shall not create any third party rights in respect of the said shops including the transferring or parting with the possession of the shops for a period of 8 weeks from today so that the appellant can take out the appropriate proceedings as deemed fit. 7. Receiver to act as per the order of the learned Single Judge now without waiting indefinitely but after receiving the cost. (R.V. MORE, J.) (P .B MAJMUDAR, J.)