Case Note & Summary
The present Notice of Motion was taken out by the plaintiff, Rohit Vanmalidas Mehta, in a suit pending before the Bombay High Court. The dispute pertains to a building known as 'Sonal' Building situated at 99, August Kranti Marg, Mumbai, and specifically Flat No.3A on the 3rd floor and Shop No.1 on the ground floor of the said building. The plaintiff sought appointment of the Court Receiver, High Court, Mumbai, in respect of the building and the flat with all powers under Order XL of the Code of Civil Procedure, 1908. Additionally, the plaintiff sought a direction to the Court Receiver to take physical possession of the shop premises and appoint a third party as agent. The plaintiff also prayed that defendant no.1 be directed to deposit a sum of Rs.1 lac per month towards market rent for occupation of Flat No.3A. Further, the plaintiff sought initiation of contempt proceedings under Order XXXIX Rule 2A against defendant no.1 for disobedience of an order passed by the court on 14.10.1997, and an order under Order XXXIX Rule 11 for striking off the defence of defendant no.1. The parties agreed that the Notice of Motion could be disposed of by appointing the Court Receiver for the building and the flat, with the Receiver being directed to take possession and appoint an agent for the use of the premises on payment of monthly compensation. The court, after hearing the parties, appointed the Court Receiver for the building 'Sonal' and Flat No.3A, with all powers under Order XL of the CPC. The court also directed that the Receiver may appoint an agent for the use of the premises on payment of monthly compensation. The court did not pass any order on the prayers for contempt or striking off defence at this stage.
Headnote
A) Civil Procedure - Appointment of Court Receiver - Order XL Rule 1 CPC - Court Receiver appointed for Sonal Building and Flat No.3A with powers to take possession and appoint agent - Held that appointment of Receiver is necessary to protect the property pending suit (Paras 1-2). B) Civil Procedure - Contempt of Court - Order XXXIX Rule 2A - Allegation of disobedience of order dated 14.10.1997 - Court directed to consider initiation of contempt proceedings against defendant no.1 (Para 1). C) Civil Procedure - Striking off Defence - Order XXXIX Rule 11 - Court may consider striking off defence for non-compliance with interim orders (Para 1).
Issue of Consideration
Whether a Court Receiver should be appointed in respect of the suit property and whether defendant no.1 should be directed to deposit market rent and be proceeded against for contempt.
Final Decision
Court appointed Court Receiver, High Court, Mumbai, in respect of building 'Sonal' and Flat No.3A with all powers under Order XL of CPC. Receiver directed to take possession and may appoint agent for use on payment of monthly compensation. No order on other prayers at this stage.
Law Points
- Appointment of Court Receiver under Order XL CPC
- Contempt under Order XXXIX Rule 2A
- Striking off defence under Order XXXIX Rule 11
- Interim relief in property disputes
