1 caf1526-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 1526 OF 2011 IN FIRST APPEAL NO. 283 OF 2005 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. Ashutosh M. Kulkarni for the applicant. Mr. S. S. Shah for respondent Nos. 1 and 2. Mr. Sandip Waghmare i/b. Mr. M. G. Kulkarni for respondent No.6. ..... CORAM : A.S.OKA, J. DATE : AUGUST 17, 2011. P.C.: Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent Nos.1 and 2. Perused the affidavit dated 5th August, 2011 of proprietor of the applicant. The statements made in paragraph No.2 of the said affidavit are accepted. The unconditional apology tendered by the proprietor of the applicant is accepted. 2 caf1526-11 2. The prayer in this application is for appointment of Court Receiver. The applicant is the unsuccessful plaintiff who has filed suit before the trial Court. An application for appointment of Court Receiver made by the applicant in the present Appeal has already been rejected by the Division Bench. 3. Considering the findings recorded by the trial Court, the drastic relief of appointment of Court Receiver cannot be granted in this Appeal at the instance of the unsuccessful plaintiff. 4. Even if the first to fourth respondents create any third party rights, the creation of third party rights will be subject to final outcome of the Appeal. Before creating any third party rights, respondents will give notice of the pendency of the Appeal to the prospective purchasers. 5. Subject to the aforesaid directions, no case is made out for appointment of a Court Receiver. 3 caf1526-11 Application is rejected. As far as prayer for early hearing is concerned, considering the pendency of the very old Appeals in this Court, this prayer cannot be granted as of today. 6. Even if third party interests are created, the first to fifth respondents will file an affidavit setting out the details of the transactions made by them. (A.S.OKA, J.)