1 caf2408-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 2408 OF 2011 IN FIRST APPEAL NO. 1339 OF 2011 Associated Construction Co. & Ors. .. Applicants V/s. Bharat Kumar Premji Thakker & Ors. .. Respondents ..... Mr. S. T. Manek i/b. M/s. S. T. Manek & Co. for the applicants. Mr. H. R. Pawar for respondent No.1. Ms. Manisha Patil i/b. Mr. Nadu Pawar for the respondent No.2. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 12, 2011. P.C.: Heard the learned counsel appearing for the applicants, the learned counsel appearing for the respondent No.1 and the learned counsel appearing for the respondent No.2. Affidavit of applicant No.2 dated 10th September, 2011 is taken on record. The four flats described in paragraph No.4 of this Civil Application are now vacant and the same are in possession of the applicants. The learned counsel appearing for the first respondent submits that Court Receiver may be appointed in respect of the said flats and the first respondent be put in possession as the agent of the Court Receiver without payment of royalty and security. 2 caf2408-11 2. This prayer need not be considered as it is always open for the first respondent to file appropriate application in that behalf. 3. Appeal has been admitted for final hearing. Considering the nature of the operative part of the decree and the facts of the case, Civil Application is disposed of by passing following order: :: O R D E R :: i. The statements made in the affidavit dated 10th September, 2011 are accepted. There will be interim stay of clauses (2) and (3) of the operative part of the decree subject to condition that the applicants shall keep the said four flats vacant and un- alienated till the final disposal of the Appeal. ii. Liberty is granted to the first respondent to apply for appointment of Court Receiver in respect of the said flats. If such application is made, the same shall be disposed of on its own merits. (A.S.OKA, J.)