ZEENAT SHIRAZ KASAM Vs. MUNIS ANWARALI BATTLIWALA

JUDGEMENT

(1.) In terms of the directions issued by this Court on 9/6/2023, the Court Receiver visited the premises on 10/6/2023 and has presented the report through the representative. The report is taken on record.

(2.) The report record that when the Court Receiver attempted to enter into the premises, in terms of the directions of this Court, the Security Guard obstructed and the Court Receiver was made to talk on mobile with one Sunny Jadhav from Suraj Realty, who informed that he along with one Munis Battliwala, defendant no.1 are partners. The report further state that Mr.Virendra Jain from M/s.Supreme Realtors also came on the suit site and left the spot without any attempt to offer an explanation about the obstruction at the instance of Sunny Jadhav and the security personnel present thereof. Since there is a specific understanding between Supreme Realtors and defendant no.1, which is already reproduced in the earlier orders and which deserve to be considered at an appropriate stage and as the respective counsel have agreed to the inspection being carried out, I do not think that there can be any obstruction from Sunny Jadhav, who claims to be partner with defendant no.1. In fact, a specific statement come from the learned counsel appearing for defendant no.1 that there is no such partnership agreement with Sunny Jadhav.

(3.) In the wake of the said statement, the Court Receiver shall abide by order dtd. 9/6/2023 by visiting the premises on 14/6/2023 at 11.00 a.m. It is also directed that on an application being made by the Court Receiver to Vakola Police Station, necessary police force shall be provided to implement the order of the Court. It is made clear that if no police force is provided, the in-charge of the police station shall be held guilty of flouting the orders of this Court.