1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1425 OF 2009 IN SUIT NO. 1659 OF 1981 Courtesy Cleaners .. Plaintiff -versus Pragati Dilip Kovli & Ors. .. Defendants Mr. N.J.D. Monte for the plaintiff. Mr. Bimal Bhabhda i/b Apte & Co. for defendants. Mr. J.M. Panchal, Clerk & Representative of Court Receiver. CORAM: R. G. KETKAR, J. DATED: 25th September, 2009. P.C. 1 This Chamber Summons is taken out by the plaintiff seeking directions to the Court Receiver, High Court, Bombay to hand over vacant possession of the suit shop at D’Silva Building, Ground floor, 1/3, Agar Bazar, R.B.S.K. Bole Road, Dadar, Mumbai – 400 028, as set out in prayer clause (a), to the plaintiff or its constituted attorney Shri M.H.H. Miranda pursuant to the Ex-parte Decree dated 10th October, 2002 passed by this Court (D.K.Deshmukh, J.). 2 2 In support of this Chamber Summons, Shri M.H.H.Miranda the constituted attorney has made an affidavit on 18th August, 2009. In paragraph 4 of the affidavit it is set out that the vacant possession of the suit shop was handed over by the defendant’s representative to the Court Receiver’s Representative on 1st June, 2009. To that effect, the panchanama was made over on the same day i.e. on 1st June, 2009. Representative of the Court Receiver namely, Mr. J.M. Panchal, Clerk, is present in the court who confirmed handing over the vacant possession of the suit shop. In view of the aforesaid facts, the Chamber Summons is made absolute in terms of prayer clause (a) with no orders as to costs. 3 Representative of the Court Receiver made statement that vacant possession of the suit shop will be handed over to the plaintiff or constituted attorney Shri M.H.H. Miranda within one week from today. 4 Parties to act on the authenticated copy of this order including the Court Receiver,High Court, Bombay. 5 Chamber Summons stands disposed of. (R.G. KETKAR, J)