1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2585 OF 2008 IN SUIT NO.2267 OF 2008 Jacqueline D’Souza ..Plaintiff. vs. Edelbert Appolloonius Noronha & ors. ..Defendants. .... Mr. Suresh Rajeshwar for Plaintiff. Mr. Vora with Mr. Dixit for Defendants. .... CORAM : S.J.KATHAWALLA, J. DATE : 16 th JULY 2009. P.C. 1. This suit is filed by the Plaintiff against Defendants No.1 & 2 (i.e. her brothers) for a decree of partition and separate possession by metes and bounds in respect of the Plaintiff’s 1/3 rd share in the suit property both movable and immovable more particularly described in the schedule of the property, Exhibit A to the Plaint and hand over to the Plaintiff her 1/3 rd share in the suit properties. 2. The Notice of Motion is taken by the Plaintiff for interim reliefs 2 i.e. appointment of Court Receiver and for injunction as regards the said properties. 3. Defendants No.2 & 3 is not present though served. 4. The Notice of Motion is disposed off by the following order which is passed without prejudice to the rights and contentions of the parties in the suit and in Testamentary Suit No.7 of 2009. 5. Court Receiver, High Court Bombay is appointed as Receiver of the following properties / bank accounts: (a) Flat B-10/2 Best Nagar-1, Post Motilal Nagar Best Nagar Marg, Goregaon (W), Mumbai 400 104 The Court Receiver shall take possession of this flat from Defendant No.2. The Court Receiver shall allow the parties to the suit or any third party to give offers for use and occupation of the said flat on leave and licence basis for a period not exceeding more than 3 years at a time, as Court Receiver’s Agent upon payment of security deposit and royalty. The Court Receiver shall enter into a Agency Agreement with the highest offerer on usual terms and conditions and also obtain the necessary approval of this court in regard to the Agency 3 Agreement. (b) Gala 35, Edel Tools Veena Dallvai Indl. Estate, S.V.Road, Oshiwara Jogeshwari (W), Mumbai 400 102 and Gala 36, Edel Tools Veena Dallvai Indl. Estate, S.V.Road, Oshiwara Jogeshwari (W), Mumbai 400 102 The Court receiver shall take possession of the said galas from Defendant No.2 and shall first prepare an inventory of the machineries and other movables in the galas. The Court Receiver shall allow the parties to the suit or any third party to give offers for use and occupation of the said gala Nos. 35 & 36, on leave and licence basis for a period not exceeding more than 3 years at a time, as court Receiver’s Agent/s upon payment of security deposit and royalty. The Court Receiver shall enter into an agency agreement with the best offeror on the usual terms and conditions and also obtain the necessary approval of this court in regard to the Agency Agreement. It would be preferable if the court Receiver’s agent is in the business of tools manufacturing collapsible tubes because in that event the machinery imbeded in the said galas can also be given for use to the Court Receiver’s Agent. (c) Plot No.15, Shree Shakti Udyog Nagar, Vevoor Village, 4 Palghar Manor Road, Palghar (E), Thane 401 104 The Court Receiver shall take symbolic possession of this property and after taking inventory of all the machineries and other movables allow the Defendant No.2 to carry on his business therefrom for which the Defendant No.2 shall pay an amount of Rs.15,000/- per month (i.e. on or before the 10 th of each month starting from July 2009) being royalty to the Court Receiver. However, there shall be no security deposit payable by the Defendant to the Court Receiver. The Court Receiver shall not put his board on the said premises. In case of any two defaults on the part of Defendant No.2 towards payment of royalty the court receiver shall seek physical possession of the said plot by submitting his report to this court. (d) Plot No.178, Raitala Post, Jawahar Village, Taluka Jawahar, District Thane 401 603, Approx. 10 acres The Court Receiver shall take possession of this property and submit his report seeking directions as to appointment of Security guards etc., keeping in mind the location as well as the condition of the said plot (e) Immovable properties being: (i) Survey No.88/1b (part) Extent 0.30 Acres Kuriyalla 5 (panjikallu) village Dakshin Kannada. (ii) Survey No.88/2 Extent 0.30 Acres Kuriyalla (panjikallu) village No.23, Bantwal Taluka, Dakshin Kannada. (iii) St. Peter’s Jacobite Syrian Orthodox Church (Walle Plot No.2) Mit Chowk, Marve Road, Malad (W), Mumbai 400 064. The Court Receiver shall after taking possession of the said plots submit his report to this court on the status thereof and seek further directions thereon. (f) Fixed deposits at Vijaya Bank (Goregaon Branch) of Rs.2,38,179/-, Rs.50,000/-, Rs.4,378/-, Rs.10,00,000/-, Rs. 10,000/- and Rs.10,00,000/- Defendant No.1 is directed to hand over the original FDRs to the Court Receiver within two weeks from today. However, without waiting for the original FDRs, the court Receiver shall write to the bank requesting the bank that in respect of the said FDR’s they should correspond only with the Court Receiver. The Court Receiver shall be at liberty to apply for duplicate certificates. The Court Receiver shall upon maturity of the said FDR’s renew the same for a period of one year at a time. The 6 Court Receiver shall forward a copy of this order to Vijaya Bank (Goregaon Branch). (g) (i) Saving Bank A/c No.7386 at Vijaya Bank, Goregaon Branch, Rs.4,22,000/- (ii) Saving Bank A/c No.1460 at Vijaya Bank, Goregaon Branch, Rs.10,00/- (iii) Current A/c (OD) in the name of Edel Tools Rs. 80,000/- with Vijaya Bank, Goregaon Branch. In respect of the above three accounts the Court Receiver shall request the Bank to correspond only with the Court Receiver and also inform the Bank not to allow any of the parties to operate the said accounts. The Court Receiver shall along with his letter forward a copy of this order, to the bank. (m) Locker No.286 at Vijaya Bank, Goregaon Branch The Court Receiver to take inventory of the contents of the locker in the presence of the parties and/or their representatives after giving them sufficient written notice, and thereafter to seal the said locker. The Learned Advocate for the Plaintiff has informed the Court that all the expenses of the Court Receiver shall initially be borne by the Plaintiff. 7 6. Defendant No.2 alongwith his family i.e. wife and three children (all minors) shall continue to occupy flat No.1, ground floor, Mahavir Nagar, Mahim Road, Palghar (W), Thane 401 104,. However, Defendant No.2 and or his family members are restrained by an order and injunction from parting with possession and/or creating any third party rights in respect of the said flat in any manner whatsoever. 7. Until the Court Receiver takes possession of the properties set out in paragraph (3) above. the Plaintiff, as well as, the Defendants are directed to maintain status-quo in respect of all the aforestated properties. 8. Notice of Motion is accordingly disposed of with no order as to costs. The Court Receiver to act on an ordinary copy of this order duly authenticated by the P.A. of this Court. [ S.J.KATHAWALLA, J. ]