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Bombay High Court Dismisses Appeal Against Single Judge Order in Suit for Specific Performance and Injunction — Court Receiver Directed to Hand Over Possession to Plaintiff. Held that the Court Receiver's appointment was proper and the appeal lacked merit.

The appellants, who are partners of Crescent Builders, filed an appeal against an order of the learned Single Judge in Suit No.1512 of 2009. The Singl...

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Bombay High Court Discharges Court Receiver in Property Dispute, Directs Parties to Pursue Claims Before DRT. Court holds that once a suit is transferred to DRT, the Court Receiver's role ceases and parties must seek remedies before the Tribunal.

This judgment concerns an application filed by the Court Receiver seeking discharge without passing accounts, subject to payment of costs, charges and...

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Bombay High Court Allows Revision Petitions Challenging Appointment of Receiver and Injunction in Wakf Property Dispute. Court holds that Civil Court has jurisdiction to entertain suit for declaration of title and injunction regarding wakf property, and appointment of receiver without notice is improper.

The case involves a dispute over the management and control of a mosque and wakf property known as Jamma Masjid, Patel Mohalla, Panvel. The petitioner...

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Bombay High Court Allows Appeal Against Receiver's Appointment in Embezzlement Suit. Third Party Claimants Not Party to Suit Cannot Have Receiver Appointed Over Their Properties Without Trial.

The appeal arose from an order dated 5th September 2019 passed by a learned Single Judge (R.I. Chagla J.) on a motion filed by the original plaintiff ...

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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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Bombay High Court Dismisses Writ Petition Challenging Court Receiver's Appointment in Partnership Dispute. No Jurisdictional Error Found in Order Appointing Receiver Over Partnership Property Under Order 40 Rule 1 CPC.

The case arises from a suit for dissolution of partnership and accounts filed by the respondent-plaintiff against the partnership firm and its partner...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case. Loan Agreement and Mortgage by Deposit of Title Deeds Established Prima Facie Case for Interim Relief Under Section 9 of the Arbitration and Conciliation Act, 1996.

The petitioner, Aditya Birla Finance Limited, a non-banking finance company, filed a petition under Section 9 of the Arbitration and Conciliation Act,...