:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 332 OF 2007 IN SUIT NO. 2554 OF 2004 Manoj Punjalal Patel ...Plaintiff Versus Mohammad Ali Yusuf Shaikh and Ors. ....Defendants ====== M.T.G..Vora with Bharat Joshi Adv. for the plaintiffs. A.I.Haidunday Adv. for the Defendants. Mr.D.V.Deokar, 1st Asstt to court Receiver present. CORAM: S.C.DHARMADHIKARI, J. DATED: 7TH APRIL, 2008. P.C. P.C. P.C. : : : 1. This Chamber Summons is seeking directions to the Court Receiver to take appropriate action with regard to the alleged unauthorised work carried out by Defendant no.1,as, when the property is custodia-legis and the Defendant no.1 is in possession as Agent of the Court Receiver. :2: :2: :2: 2. After hearing both sides, in my view, interest of justice would be subserved if the Court Receiver, High Court, Bombay who is appointed as Receiver of the suit property is directed to file a complaint with the local Ward Office within a period of 2 weeks from today requesting the Ward Officer/Assistant Municipal Commissioner of the subject Ward to inspect the site and take such steps as are permissible in law with regard to the alleged unauthorised work. Needless to state, that this Court has merely issued a direction to the Court Receiver to initiate appropriate steps namely to file a complaint with the BMC but has expressed no opinion as to whether the work carried out is unauthorised or not or if unauthorised, is capable of being regularised and by whom. All pleas in that behalf are kept open and appropriate Authorities shall deal with the same. Chamber Summons disposed off. 3. Court Receivers Report no.96 of 2008 stands disposed off int he light of the above order. Needless to state, that all Annexures to the Court Receiver’s Report can be forwarded by the Court Receiver to the :3: :3: :3: BMC. sd/- ********