1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.326 OF 2008 IN SUIT NO.1761 OF 1993 Agnes Wd/o Veldgein Arthur D'Souza & ors. : Plaintiffs. Versus Jennethle Edward D'Souza & ors. : Defendants. Ms.R.C.Nichani for the Plaintiffs Mrs.U.S.Srivastava, 2nd Asstt to the Court Receiver present. CORAM : R.M.SAVANT, J DATED : NOVEMBER 14, 2008 P.C. 1. In the above Suit No.1761 of 1993 the Court Receiver took formal possession of the premises in question on 4.3.1997. Prior to which a site report dated 28/1/1997 was prepared, at the time of taking formal possession and it was recorded therein that Shop No.2 was occupied by one Smt.Catherine Lobo Richard Victor and Shop No.3 was occupied by Defendant No.12 Shri Ignatius Victor Lobo. The said occupants had handed over the formal possession of the said Shop Nos.2 and 3 wherein the said occupants were doing hotel 2 business in the name of Sai Lunch Home. The said occupants had also furnished undertaking to this Court that pending the above Suit, they would not create any encumbrances or third party rights. 2. As per the Report dated 7th January 2008 the Court Receiver's Representative has now reported that one Jayeshbhai is doing the embroidery work business in Shop No.2 in the name of Steel Corporation. It is further revealed that the said shop was given on rental basis. So far as Shop No.3 is concerned, it is reported that one Hemant Sawant is doing the business in the name of Sawant Fabrication since last two years. The above persons, it appears that, have been inducted without the permission of the Court Receiver and prima facie in violation of the undertaking given to this Court. Ms.R.C.Nichani the learned counsel appearing for the Plaintiffs states that in spite of the property in question being in custodia legis and in spite of the undertaking furnished to this Court, the occupants are nonchalantly dealing with the said property in question. She further states that a Contempt Petition is also filed by the Plaintiffs in this Court. 3 3. In view of the above, it would be appropriate in the facts and circumstances of the case to direct the Court Receiver to take forcible possession of the said Shop Nos.2 and 3 from the third parties who are in possession and, if necessary, with the help of the police. It is further directed that after taking forcible possession, the Court Receiver put the said Shop Nos.2 and 3 under lock and seal, until further orders of this Court. Report No.326 of of 2008 accordingly to stand disposed of. [R.M.SAVANT, J]