1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.752 OF 2005 IN SUIT NO. 4913 OF 2000 Majid Ahmedbhai Oomerbhoy ...Plaintiff Vs. Rashid Sattar Ommerbhoy & Ors. ...Defendants And The Court Receiver, High Court, Bombay ...Applicant ---- Mr.Rafeeq Peermohideen a/w. Mr. Z.A. Jariwala i/b. T. Jariwala and Associates for Plaintiff Mr. Rahul Narichania a/w. Ms. Aditi Prabhu i/b. Desai Desai and Carrimjee for Defendant No.1 Ms. Archana Patil i/b. Jurists Uno for Defendant Nos. 2,3, 4(a) and 4(c). ---- CORAM: V.M. KANADE J. DATED: 8TH MARCH, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Plaintiff. 2 2. The learned Counsel for the Plaintiff submits that he does not want to press prayer clauses a(i) and (ii) of the Chamber Summons. So far as prayer clause (b) is concerned, the Plaintiff is seeking a direction to the Court Receiver, High Court,Bombay to surrender the tenancy rights of the said factory premises to the landlords thereof i.e. The Ahmed Oomerbhoy Wakf Trust. 3. In my view, this relief cannot be considered at this stage. Apart from that if the said Trust viz. The Ahmed Oomerbhoy Wakf Trust is claiming any rights over the said property, it constitutes a separate cause of action and the Trust to take out an appropriate steps. 4. In this view of the matter, no reliefs as prayed can be granted. Chamber Summons is, accordingly, disposed of. (V.M. KANADE J.)