1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.3206 of 2008 In Suit No.3030 of 2007 with Court Receiver's Report No.348 of 2008 Mrs.Pramila Harilal .. .. Plaintiff v/s. Tarlok Singh .. .. Defendant Mr.B.P. Shukla for Plaintiff. Mr.S.A. Vichare, Representative of Receiver, present. Mr.Rahul Khernar i/by Vivek M. Sharma for Defendant. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 20 th October, 2008 P.C. : 1. The Plaintiff's Suit is under Section 6 of the Specific Relief Act. Court Receiver has been appointed. The Court Receiver has made a Report that possession was not handed over and hence, the directions for taking forcible possession, if required, be passed. 2. After the order of appointment of Court Receiver, the Defendant has taken out this Notice of Motion for setting aside the order of appointment of Court Receiver dated 6.8.2008. No ad- interim relief has been granted in this 2 Notice of Motion. The Receiver has been asked to take possession. Since the Receiver could not take possession, the Receiver must be directed to take forcible possession. 3. The Advocate on behalf of the Defendant states that the Defendant is willing to abide by the order of appointment of Court Receiver and of taking possession by the Court Receiver. He however applies for 4 weeks' time as the Defendant is not in Mumbai. The Defendant is not required to be in Mumbai for the Court Receiver to take possession of the suit premises. When the Defendant accepts the order of appointment of Court Receiver and the order for taking possession by the Court Receiver. He need not be present in Mumbai or at the suit premises when the Court Receiver takes possession. 4. The Notice of Motion is disposed of with no order on the Notice of Motion. No order as to costs. 5. The Court Receiver shall take possession of the suit premises being Gala No.1 situate at Shukla Bhuvan, Opposite Ceat Tyre Ltd, Village Road, Bhandup (W), Mumbai 400 078. The Court Receiver shall take forcible possession from whoever is found in the suit premises. The Court Receiver shall be entitled to Police assistance, if required. 3 The Court Receiver's Report is disposed of accordingly in terms of prayer (a). [SMT.ROSHAN DALVI, J.]