1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO.153 OF 2009 IN APPEAL NO.317 OF 2006 IN SUIT NO.1471 OF 1996 ALONGWITH APPEAL NO.317 OF 2006 IN SUIT NO.1471 OF 1996 Mrs.Rekha J. Budhrani & Ors. .. Appellants Vs. Mrs.Vineeta Dadlani & Ors. .. Respondents Mr.Ketan Chotani i/b Mr.Basant Trilokani for the appellants Mr.Shama Taneja for the respondents Mr.G.G.Ketkar 1st Assistant to Court Receiver CORAM : J. N. Patel & Smt.R.P.Sondurbaldota, JJ DATE : July 24, 2009 P.C. : 1. Heard the learned counsel for the parties. 2. It appears that the parties, particularly, Appellant No.2 are not inclined to comply with the terms and conditions as directed by this court on 26.03.09. 2 Time and again, the matter has been placed before the court but it appears that none of the parties to the litigation is interested in co-operating with the Court Receiver. This has led to accumulation of huge arrears of maintenance charges which is payable to the Society. 3. In the peculiar facts and circumstances of the case, it may not be just and proper to continue the Court Receiver as receiver of the subject property. Therefore, we discharge the Court Receiver as the parties are not co- operating subject to Receiver s cost, charges and expenses. The Court ’ Receiver is directed to hand over possession to the party from whom the Court Receiver had taken possession. Respondent nos.1 (Org. plaintiff) is directed to deposit the balance amount of Rs.46,910/- towards the Valuers charges. On this, the learned counsel for the respondent nos.1 (Org. plaintiff) states that the amount has already been deposited. If so, nothing survives in the matter. Parties should also pay cost of the report which is quantified at Rs.1000/- in the office of the Court Receiver and the same may be deducted from the funds, if any, in this litigation. Court Receiver s report ’ stands disposed of accordingly. 4. The E.M.D. which was offered at the time of bidding and is lying with the Court Receiver, be refunded by the Court Receiver after adjusting his charges, cost and expenses to the party which has offered the highest bid. The receiver would act upon our order after 21.08.2009. 3 5. The learned counsel for appellant nos.2 has placed on record an email received by his Advocate. We find that this is only further attempt to prolong the matter, rather than complying with the orders of the court which has placed the Receiver in an embarrassing position and it has resulted in making the Court Receiver ineffective so as to manage their property in the best interest of the parties. Copy of the email is taken on record. 6. Appeal to come up for final hearing in due course. ( J. N. Patel, J) (Smt.R.P. Sondurbaldota, J)