1 caf4162 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4162 OF 2009 IN FIRST APPEAL NO.513 OF 2003 M/s.F.K.Constructions ...Applicant vs. Smt.Maltidevi Shankarlal Gupta and Another ...Respondents Mr.A.Y.Sakhare, Senior counsel i/b YKS Legal for the applicant Mr.Dinesh C. Shah for the respondent no.1 CORAM : A.S.OKA,J. DATE : SEPTEMBER 21, 2011 P.C.: 1 Heard learned senior counsel for the applicant and the learned counsel for the first respondent. The first respondent is the original plaintiff. A suit filed by the first respondent has been dismissed on merits. Appeal preferred by the first respondent has been admitted for final hearing. In the appeal, civil application for interim relief being civil application no.464 of 2003 was taken out by the first respondent. By order dated 12 th March 2003, interim relief has been refused. Prayer in this application is for discharging the Court Receiver. The contention is that as the Court Receiver was appointed during the pendency of the suit, after dismissal of the suit, the Court Receiver has to be discharged. The learned counsel 2 caf4162 for the first respondent submitted that Civil Application no.5317 of 2005 was made by the applicant for the same relief which was unconditionally withdrawn and therefore, this application is not maintainable. 2 It is not in dispute that the Court Receiver was appointed by the City Civil Court by way of interim order passed during the pendency of the suit. Normally, all interim orders come to an end on disposal of the suit. In the present case, there was no prayer made by the first respondent in this Appeal for continuation of the appointment of the Court Receiver. Prayer for interim relief made by the first respondent has been rejected. 3 In the circumstances, even without any party making an application for discharging the Court Receiver, the Court Receiver will have to be discharged. In fact, after dismissal of the suit, the Registry of the concerned Court ought to have placed the suit before the Court for passing a formal order of discharge of the Court Receiver. 4 Hence, application is disposed of by passing the following order : i) The appointment of Court Receiver,High Court, Bombay as the Receiver made during the pendency of the suit stands revoked. The Court Receiver stands discharged without passing accounts. However, it will be open for the Court Receiver to recover the costs and charges in accordance 3 caf4162 with law. ii)Court Receiver to act upon an authenticated copy of this order. iii)The Court Receiver report No.164 of 2011 stands disposed of in terms of this order. JUDGE