1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1732 OF 2008. APPLICATION NO.1732 OF 2008. APPLICATION NO.1732 OF 2008. IN IN IN FIRST FIRST FIRST APPEAL NO.759 OF 2000. APPEAL NO.759 OF 2000. APPEAL NO.759 OF 2000. Sulochana Chandrakant Gawade and anr. : Applicants. Versus Dattatraya Arjun Palav (since deceased) 1(a) Smt.Sobhana Dattatraya Palav and ors. : Respondents. Mr.A.Y.Sakhare, Sr.Advocate, with Mr.R.A.Thorat i/by M/s.YKS Legal for the applicants. Mr.N.K.Mudnaney for Respondent Nos.1(a), 1(b), 1(d), 1(e), 2A to 2C. Mr.Deokar, Asstt.Court Receiver present. Mr.G.W.Mattows for the MHADA. CORAM CORAM CORAM : S.S.SHINDE, J. : S.S.SHINDE, J. : S.S.SHINDE, J. DATED DATED DATED : MAY 05, 2008. : MAY 05, 2008. : MAY 05, 2008. P.C. P.C. P.C. 1. Heard the learned senior counsel appearing for the applicants and learned advocate for the respondents. 2. Pursuant to the order dated 28th April 2008, passed by this Court, the Court Receiver heard all the parties and submitted his exhaustive report to this 2 court. The applicants have also filed their affidavit. 3. The Report of the Court Receiver dated 30th April 2008 is accepted. The Court Receiver is directed to hand over the possession of the suit shop for the purpose of demolition and construction of a new building on a condition that the applicants should execute the following documents in favour of the Court Receiver :- (1) That the Applicants should execute the Indemnity Bond on the stamp paper of Rs.200/- that the Applicants will hand over the premises equivalent to the area indicated in the Court Receiver’s Report dated 30th April 2008 upon completion of the building and shall indemnify the Court Receiver. (2) The Applicants should give a Bank Guarantee of Rs.14,96,025/- of a Nationalised Bank being the price of the shop indicated by the Court Receiver in his Report dated 30th April 2008 and continue to renew the same from time to time till the possession of newly constructed shop is handed over to the Court Receiver. 3 (3) That the applicants have already filed their undertaking in the form of affidavit that a shop in the newly constructed building will be made available to the Court Receiver within a period of six months from the date of Court Receiver’s handing over possession of Shop No.12 for demolition to the applicants. 4. This shop should be handed over on the same terms and conditions like other shop situated in the same building. Undertaking given by the applicants is accepted. After executing all the documents, as stated above, the Court Receiver to hand over the possession of the suit shop to the applicants immediately. Court Receiver’s Report No.161 of 2008 is disposed of. Civil Application is disposed of. [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]