-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4520 OF 2007 WRIT PETITION NO. 4520 OF 2007 WRIT PETITION NO. 4520 OF 2007 IN IN IN CHAMBER SUMMONS NO.1669 OF 2006 CHAMBER SUMMONS NO.1669 OF 2006 CHAMBER SUMMONS NO.1669 OF 2006 IN IN IN B.C.C.C.S.C.SUIT NO.354 OF 1997 B.C.C.C.S.C.SUIT NO.354 OF 1997 B.C.C.C.S.C.SUIT NO.354 OF 1997 Mr. Manharlal Lalji Monani .. Petitioner. V/s. 1. Mr.Rajesh Ratilal Sanghvi & Anr. .. Respondents. --- Mr. V.M.Thorat i./by K.D. Jha for the Petitioner. Mr.G.S.Godbole, for the Respondents. --- CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. DATED : 21ST JANUARY, 2008. DATED : 21ST JANUARY, 2008. DATED : 21ST JANUARY, 2008. P.C. : P.C. : P.C. :- . The order under challenge is passed upon the Court Receiver’s report dated 3rd of March, 2006 and the Chamber Summons No.1669 of 2006, that is the chambers summons which has been filed by the Cooperative Housing Society, which is Respondent No.2 before me. 2. Both sides agree that for disposal of this writ petition, presence of the first respondent alongwith the plaintiff is not necessary. In the circumstances, service on the first respondent is dispensed with. 3. By consent of the parties, the petition is taken -: 2 :- up for admission and hearing forthwith. 4. After the matter was heard for some time, Mr.Godbole, appearing for the respondent No.2, original applicant/intervener, upon instructions makes a statement that the order dated 26th of April, 2007 contains certain errors and it is desirable that the said order is quashed and set aside and the Chamber Summons so also the report of the Court Receiver is directed to be heard afresh. 5. Mr.Thorat, the learned senior counsel appearing for the petitioner has no objection to this course of action provided all the objections including maintainability of the proceedings filed and initiated by the present chambers summons are kept open for being raised once again. 6. Hence, by consent of the parties, the order dated 26th April,2007 at Exh. E-2 is quashed and set aside. The Chamber Summons No. 1669/2006 alongwith the Court Receivers report dated 3rd of March, 2006 in Suit No. 354 of 1997 is restored to the file of the City Civil Court at Mumbai for being heard afresh and in accordance with the law. Needless to state that all contentions of both the sides including to the -: 3 :- maintainability of the present proceedings are kept open. They shall be dealt with afresh without being influenced by any observations in the impugned order. 7. The petition is disposed of accordingly. (S.C.DHARMADHIKARI,J.) .....