1 crr127-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.127 OF 2011 IN SUIT NO.252 OF 1998 Centurion Bank Limited ..Plaintiffs. Versus Patheja Brothers Forgings & Stampings Limited ..Defendants. Mr.Sandeep Bhimekar i/by Wadia Gandhy & Co. for the plaintiffs Mr.Nitin Thakkar with Mr.N.B. Amil i/by B. Amin & Co. for Sahjun Impex Trading Private Limited. Mr.G.G. Ketkar, 1st Assistant to Court Receiver is present. CORAM : R.Y. Ganoo, J. DATE : 23rd August, 2011. P.C. : 1. The Court is informed that pursuant to order dated 31st March 1999, a decree came to be passed on the basis of the consent terms, which are at page 7 of the Court Receiver’s Report. Learned counsel for the plaintiffs submitted that under the said consent terms, plaintiffs are entitled to possession of suit equipments, which according to the plaintiffs are owned by him. The plaintiffs make a grievance that they are not able to get possession of the said equipments. It appears that the Receiver has filed a Report and he has inclined to implement the order dated 31st March 1999. 2 crr127-11 2. In my view, the course followed by the Receiver is incorrect. If a decree is passed in favour of a particular party and if the said decree is not acted upon, it will be necessary for the succeeding party to file an execution application for execution of the said decree. 3. In my view, the present report is required to be disposed off with no order, with liberty to the plaintiffs to file execution application for enforcement of the decree, if under the decree they are entitled to some benefits. 4. The Court Receiver’s Report is disposed off in above terms. (R.Y. Ganoo, J.)