ROAD F TATA Vs. GORA BANERJEE

JUDGEMENT

(1.) Shri A. S. Bhasme, learned counsel appearing on behalf of contemnor - respondent No. 4 Subash S. Padwal takes notice.

(2.) After hearing learned counsel I for the parties we are satisfied that I the court of Small Causes, court No. 6, Bombay acted with grave impropriety in appointing a receiver of the disputed premises in Suit No. 9/87 who was put into possession in compliance with the court's order. We accordingly vacate the order passed by the said court of Small Causes directing the appointment of a receiver and direct that the Small Causes court shall place the decree holder in possession of the said premises forthwith and submit report of compliance to the court within ten days from today. We are constrained to record our displeasure at the way the court of Small Causes, court No. 6, Bombay played into the hands of the Judgment debtor and persons claiming through him or acting at his instigation.

(3.) The matter shall be listed on 14/04/1987. In the mean while the respondents will file their counter affidavits.