1 app373.09.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 373 OF 2009 IN COURT RECEIVER’S REPORT NO. 124 OF 2009 IN SUIT NO. 2555 OF 2003 WITH NOTICE OF MOTION NO. 3073 OF 2009 Mahendra Chunilal Doshi .....Appellant Vs. Bengal Mill Stores Private Limited & Ors. ......Respondents Mr. A.Y. Bookwala, Sr. Advocate i/by Mr. Kalpesh Parekh for the Appellant. Ms. Rajani Iyer, Sr. Advocate i/by Mr. Diwakar gond for Respondent No.1. Mr. Y.S. Jahagirdar, Sr. Advocate with Mr. S.N. Vaishnawa, Mr. R.P. Dave, Mr. Anil Chavan i/by M/s. N.N. Vaishnava & Co. for Respondent Nos. 4 and 5. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA, JJ. DATE : 8th MARCH, 2011. P.C.: By consent of the parties, Appeal is disposed of in following terms. 2 app373.09.sxw i) The order of the learned Single Judge discharging the Court Receiver, is maintained. ii) The order of the learned Single Judge directing the Receiver to hand over possession of the flat to the parties from whom the possession is taken, is also maintained. (iii) The Receiver, is however, directed not to act pursuant to this order, for a period of eight weeks from today subject to the condition that the Appellant files an undertaking to this Court that unless he is able to secure appropriate order from the competent Court of law which enables him to continue to be in possession of the flat which is subject matter of this Appeal, he will peacefully hand over the possession of the flat to the Receiver, who in turn, shall hand it over to the party entitled to possess pursuant to the order passed by the learned Single Judge. 3 app373.09.sxw (iv) In case, the undertaking as aforesaid is not filed within two weeks from today, the Appeal shall stand dismissed automatically and the Court Receiver and other parties shall be entitled to act on the order of the learned Single Judge impugned in the Appeal, immediately. 2 The Appeal is disposed of in the above terms. No order as to costs. 3 In view of the disposal of Appeal, Notice of Motion No. 3073 of 2009 does not survive and the same is disposed off as such. (ANOOP V. MOHTA, J.) (D.K. DESHMUKH, J.)