1 crr-40-11-s-2823-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COURT RECEIVER’S REPORT NO. 40 OF 2011 IN SUIT NO. 2823 OF 2009. SBI Global Factors Ltd. (Formerly known as Global Trade Finance Ltd.) ..Plaintiffs. vs. Minar International Ltd. & Ors. ..Defendants. .... Mr. Chirag Balsara, a/w. Rajesh Talekar, i/b. K. Ashar & Co., for Plaintiffs. Ms. Rita Yadav, i/b. Raval Shah & Co., for Defendants. Mr. G.G. Ketkar, First Assistant to the Court Receiver. .... CORAM : S.J. KATHAWALLA, J. DATE : 11TH MARCH 2011. P.C. : The Suit Coffee estate is mortgaged by the Defendants to the Plaintiffs. By an order of this Court dated 25th October 2010 in Notice of Motion No.965 of 2010, this Court appointed the Court Receiver as the Receiver of the said Coffee Estate. The Court Receiver by his present report seeks permission of this Court to allow the Plaintiffs to pluck the Coffee beans and to sell the same and deposit the sale proceeds in the Suit account without prejudice to the rights and contentions of both the parties. The Court Receiver also seeks permission on behalf of the Plaintiffs to get the Suit property (Coffee Estate) demarcated from the Survey Department. 2 crr-40-11-s-2823-09 2. In view thereof, the following order is passed : (i) The Plaintiffs are allowed to pluck the Coffee beans and to sell the same and deposit the sale proceeds in the Suit account. (ii) The Plaintiffs shall in writing forward the schedule pertaining to the plucking of the Coffee beans to the Advocate for the Defendants and the Defendants and/or their Advocates shall be at liberty to remain present at the time of the plucking of the Coffee beans. (iii) The Plaintiffs shall be at liberty to get demarcated the Suit property from the Survey Department. The Plaintiffs shall from time to time keep the Advocate for the Defendants informed as regards all steps taken qua the demarcation and shall also inform the day on which the Survey Department would be carrying out the demarcation work at site to enable them to remain present if they so desire. (iv) Upon the job of demarcation being completed, the Court Receiver shall submit his report to this Court and seek further directions. (v) This order is passed without prejudice to the rights and contentions of both the parties. 3. The Court Receiver’s Report is accordingly disposed of. The Plaintiffs to pay costs of this Report. [ S.J. KATHAWALLA, J. ]