1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1813 OF 2009 IN EXECUTION APPLICATION NO.417 OF 2009 IN CASE NO.CC-IV/302 OF 2001 Mr.R.Ved Prakash ...Disputant vs. 1 Doordarshan Employees Co-op Housing Society Ltd. 2 Mr.Rakesh Sacheti ...Opponents Mr.Amita Sanchati ...Applicant Mr.Walawalkar Sr.Counsel a/w Mr.R.M.Hardas i/b Mr.Rakesh Jain for the Disputant Mr.A.M.Saraogi for the applicant. CORAM :A.S.OKA,J. DATE : NOVEMBER 24, 2009 P.C. 1 The learned counsel for the applicant states that the applicant, second opponent and their daughter Sneha are present in the court. The learned counsel for the disputant states that the disputant is present in the court. On 19 th November 2009, the prayer made by the applicant for ad-interim was already rejected. The chamber summons was placed on board today as the learned counsel for the applicant sought time to vacate the suit premsies. The learned counsel for the applicant has tendered an undertaking of the applicant, the opponent no.2 and their daughter Sneha who has attained majority. He is seeking time to vacate till 30 th June 2010. The learned counsel for the disputant on instructions of the disputant states that on accepting the undertaking, time 2 to vacate may be granted till the end of May 2010. 2 In view of the aforesaid statements, time to vacate deserves to be granted. However, to ensure that the disputant gets the possession on or before 31 st May 2010, the Court Receiver, High Court, Bombay will have to be appointed as the Receiver in respect of the suit flat. The applicant and the second opponent will have to be appointed as agents of the Court Receiver without security or royalty. 3 Chamber Summons is disposed of by passing the following order : i) The undertaking of the applicant, the second opponent and their daughter Sneha is taken on record and marked `X for identification. Undertakings contained in paragraphs 2 to 4 thereof are accepted. In view of the undertakings, the applicant and the 2 nd opponent are granted time to vacate the suit flat till 31 st May 2010. ii)The Court Receiver, High Court, Bombay is appointed as the Receiver of the suit flat at the cost of the applicant. The Court Receiver will take formal possession of the suit flat and will appoint the applicant and the second opponent (Mr.Rakesh Sacheti) as his agents to occupy the suit flat. However, agency will be without any security and 3 royalty. iii)If applicant and the second opponent fail to hand over vacant and peaceful possession of the suit flat to the disputant on or before 31 st May 2010, the Court Receiver will proceed to take forcible possession of the suit flat by removing all persons found therein with the assistance of the police, if necessary. After taking forcible possession, the Court Receiver will hand over possession of the suit flat to the disputant. iv)In view of the undertakings referred to above, warrant of possession shall not be executed against the applicant and second opponent till 31 st May 2010. The warrant will become executable forthwith on 1 st June 2010. The warrant will be executed by dispossessing the opponent no.2, the applicant and their family members. v) Subject to what is stated above, chamber summons no. 1813 of 2009 stands dismissed. vi)After the possession is handed over to the disputant, the Court Receiver will stand discharged without passing accounts. vii)The Court Receiver and the concerned police station to act upon an authenticated copy of this order. 4 JUDGE