- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO. 145 OF 2009 IN SUIT NO. 886 OF 2005 State Bank of India ... Plaintiff. Vs. Jalaluddin Nasir Mansuri & Anr ... Defendants. Mr. Rahul Jathar i/b H & M Legal & Association for the Plaintiff. Mr. K.L. Vyas, Court Receiver. CORAM: S.J.KATHAWALLA J. DATED 10TH JUNE, 2009 P.C. 1 Perused the report filed by the Court Receiver, interalia seeking the following directions: (a) What steps Court Receiver should take to implement the Court’s order dated 17 th March, 2006 since a third party is found in occupation of Flat No.303, on the Third Floor, “A” Wing, Shakti Tower, Survey No. 369, Mira Road (East), Thane – 401 107 (the suit flat). 2 The above suit is filed by the Bank against the defendants for recovery of a sum of Rs.4,89,253.26 and further interest accrued thereon - 2 - at the rate of 9% per annum with annual rests till payment or realization. Interim reliefs by way of appointment of Court Receiver, injunction etc. in respect of the suit flat, are also sought. 3 By an order of this court dated 17 th March, 2006, the Court Receiver, High Court, Bombay was appointed as Receiver of the suit flat, which is mortgaged by the defendant to the plaintiff bank. However, the Court Receiver was not empowered to sell and realize the mortgaged security. The Court Receiver thereafter fixed an appointment on 29 th April, 2006 for the purpose of taking possession of the aforesaid suit flat. 4 On 29 th April, 2006 representative of the Court Receiver visited the suit flat to take possession of the same. However, he found that the flat was locked. He therefore made inquiries with the neighbouring flat owners about the suit flat. They informed him that the flat was not occupied by any one since the last six to seven months. The Court Receiver was therefore unable to take the possession of the same. 5 Thereafter, the representative of the court receiver again visited the suit flat on 17 th June, 2006. Once again the flat was found locked and the court receiver was unable to take possession of the suit flat. - 3 - 6 The office of the Court Receiver thereafter fixed a fresh appointment on 8 th April, 2009 for the purpose of taking possession of the suit flat. Upon reaching the suit flat the representative of the court receiver noticed that one person by name of Mr. Mike was residing in the suit flat. Mr. Mike informed the representative of the court receiver that he was residing in the suit flat on rental basis and requested to wait for some time. Thereafter, one person came to suit flat, who disclosed his name as Mr.Farid Shaikh and stated that, he was the friend of defendant No.1. He stated that the said flat was given on rental basis by the defendant No.1 to Mr.Mike. Both Mr. Farid Shaikh and Mr. Mike refused to hand over the possession of the suit flat to the representative of the court receiver. 7 Thereafter, the Court Receiver submitted the present report dated 9 th April, 2009 before this court seeking the aforesaid directions. On 7 th May, 2009, this court directed issue of notice to the parties informing them that the Court Receiver’s Report is placed for hearing before the Court on 8 th June, 2009 and if they fail to appear on that day before the Court, this court shall pass orders for taking forcible possession of the - 4 - suit flat from the defendants/third parties. 8 The representative of the Court Receiver Mr. R.G. Patil has today submitted his report wherein he was stated that when he went to the suit flat for the purpose of serving notice, the suit flat was occupied by some African Nationals who informed the representative of the court receiver that they are not concerned with the suit flat and therefore not accepting the service of the notice issued by the court receiver. He has further stated in his report that, when he went to the residence of defendant No. 2 it was found locked. He therefore, left the notice of the court receiver in the premises of the defendant No.2. 9 Today none appears for the defendants. It is therefore, clear that the defendant No.1 is trying to make all possible attempts to avoid /delay handing over possession of the suit flat to the Court Receiver and is instead giving the same on rent to third parties. In view thereof, I pass the following order: 1 The Court Receiver shall take possession of the Flat No.303, on Third Floor, “A” Wing, Shakti Tower, Survey No.369, Mira Road (East), Thane – 401 107, forthwith. - 5 - 2 In the event of any third party found in occupation of the suit flat the court receiver shall take forcible possession from the said third party with the help of the police officials. 3 Court Receiver’s Report disposed of in terms of prayer clause (a). 4 Plaintiff to pay Rs. 1,000/- to the Court Receiver towards costs of the Report. sd/- (S.J.KATHAWALLA J.)