- 1 - 12.chs.1063.11 arbp.277.05 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1063 OF 2010 IN ARBITRATION PETITION NO. 277 OF 2005 Kotak Mahindra Bank Ltd. ..Petitioner -Versus- Mokashi Aromas Pvt. Ltd. & Ors. ..Respondents -And- Dombivali Nagari Sahakari Bank Ltd. ..Applicant .......... Mr.Ashish Kamat a/s. Ms.Nayana Rane i/b Kartikeya Assoc. for the Petitioner Mr.Yatin R. Shah for Respondent Nos.1 & 2. Mr.A.S.Apte, Senior Counsel i/b A.R.Gole for the Applicant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 28TH JULY 2011. P.C. 1 In view of the previous order passed by this Court, it is not possible for me to set aside the order dated 6th December 2005. In any event, it is not open to me to consider whether the order was rightly passed or not. The order is binding upon me unless it is reviewed or set aside. 2 The Receiver stands appointed by the previous order dated 6th December 2005 by this Court in respect of the property. Mr.Apte, the - 2 - 12.chs.1063.11 arbp.277.05 learned Senior counsel appearing on behalf of the applicant seeks leave to join the Court Receiver in respect of any proceedings that the applicant may adopt for the purpose of enforcing the recovery certificate stated to have been issued in the applicant’s favour. I am inclined to grant that relief. 3 It is however, clarified that all the contentions of the parties are kept open including the petitioner’s contention that the applicant is not entitled to enforce any mortgage alleged to have been created in favour of the applicant by the respondents. 4 In the circumstances, the Chamber Summons is disposed of by the following order : (i) In the event of the Court Receiver of this Court having been appointed in respect of any of properties, the applicant shall be entitled to join the Court Receiver in any proceedings that it may adopt in execution or otherwise in respect of the suit properties. However, the applicant shall give at least two weeks notice of any such application to the petitioner and the petitioner’s advocate. (ii) Further all the rights and contentions of the parties, including the petitioner and the applicant in such proceedings, are kept open. - 3 - 12.chs.1063.11 arbp.277.05 5 It is clarified that this order shall not by itself be construed as having conferred a right upon the applicant to execute the decree or adopt any proceedings. It merely permits the applicant to adopt and prosecute proceedings for the enforcement of its rights. The Chamber Summons is accordingly disposed of. \ -