IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER' S REPORT NO.50 OF 2009 IN SUIT NO.4913 OF 2000 Majid Ahmedbhai Oomerbhoy ..... Plaintiffs V/s. Rashid Sattar Oomerbhoy & Ors. .... Defendants Mr.Sailesh Thakkar i/by Sailesh Thakkar & Co., for Agent of the Court Receiver Mrs.Nargis Oomerbhoy. Mr.Z.A.Juriwala i/by M/s.Thakore Jariwala & Associates, for the plaintiffs. Ms.Shoma Maitra i/by Desai Desai & Carimjee, for defendant No.1. Shri K.L.Vyas, The Court Receiver. Smt.Srivastava, 2nd Asstt. Court Receiver. CORAM: R.Y.GANOO, J. DATED: 17th FEBRUARY, 2009. P.C. 1. Heard the learned counsel on both the sides. The Court Receiver wants that the agent of the Court should permit the Receiver's representative to visit the suit flat and carry out inspection in regard to various defects, problems, leakages if any, so that the repairs can be carried out in accordance with the provisions of law. 2. In my view, agent of the Court Receiver will have to be given permission to have inspection of the premises without prejudice to the rights of the parties. Hence, the following order. 2 : O R D E R : 1. With the convenience of learned Counsel Mr.Thakkar and agent of the Court Receiver, 24-02-2009 is the date fixed for the visit. The Court Receiver shall take along with him the Structural Engineer from the panel maintained by the Court Receiver along with the representative of the Society. 2. The Architect of the agent of the Court Receiver shall also be permitted to remain in the company of the agent of the Court Receiver to oversee the job done by the structural engineer, who shall be visiting the premises. 3. The time is fixed as between 11.00 a.m. to 2.00 p.m. The charges of the structural engineer shall be borne by the society. The structural engineer shall visit the suit flat and carry out the observations and make a noting accordingly and submit a note as regards various defects found in the suit premises i.e. leakages or cracks and any other defects which can be termed as defects in the premises which requires repairs. 4. This order is being passed without going into the question as to whether the allegations made in the Court Receiver's Report are genuine or not and this order is solely passed to have inspection by a competent person to have the information on record so that the said information can 3 be used in a proper manner. All questions are left open. This order is being passed in the presence of learned counsel Mr.Thakkar and constituted attorney of the agent of the Court Receiver Smt.Laala Punchi. 5. The Court Receiver's Report is closed. ( R.Y.GANOO, J.)