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High Court

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.

16 Mar 2017

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

High Court

Bombay High Court Allows Court Receiver's Report and Additional Report in Land Dispute — Directs Demarcation and Removal of Encroachments. Court upholds Receiver's authority to manage suit property and take steps to protect it from unauthorized development.

14 Jan 2013

The case pertains to a long-standing dispute over land survey No.34/1 and 35/3 at Panchpakhadi, Thane. The appellants had challenged a trial court ord...

High Court

Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

24 Aug 2018

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

Supreme Court

Supreme Court Sets Aside High Court Order in Temple Receivership Dispute, Remands for Fresh Consideration. The Court held that the High Court exceeded its contempt jurisdiction by setting aside the Trial Court's order appointing a Seven Member Committee as Receiver under Order XL Rule 1 CPC.

1 Jan 2025

The appeal arose from a High Court order in a contempt petition that set aside a Trial Court's order appointing a Seven Member Committee as Receiver f...

High Court

Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

30 Nov -0001

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...

High Court

Bombay High Court Dismisses Both Challenges to Court Receiver's Royalty Fixation in Family Property Dispute. Court upholds Receiver's order fixing royalty at Rs. 1,50,000/- per month, finding no perversity or lack of material.

23 Mar 2005

The dispute arises out of a family property and business conflict between the plaintiff, Majid Ahmedbhai Oomerbhoy, and the defendants, including Rash...

High Court

Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

6 May 2014

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

High Court

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.

27 Oct 2015

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...

High Court

Bombay High Court Upholds Court Receiver's 1% Commission on Gross Sale Proceeds in Arbitration Matter — Receiver's Commission Not Subject to Deduction of Expenses. The Court held that the Court Receiver is entitled to 1% commission on the gross sale proceeds without deduction of expenses incurred by the receiver, as per the Bombay High Court (Court Receiver) Rules, 2012.

6 Oct 2015

The appellant, L & T Finance Limited, had advanced a loan of Rs 32,40,000 to AGT Infrastructure Pvt. Ltd. for purchase of two vehicles under a loan-cu...

High Court

Bombay High Court Enhances Royalty for Court Receiver's Property in License Dispute. Court modifies Receiver's order fixing royalty at Rs.45,000 per month and enhances to Rs.1,50,000 per month based on valuation report and market rates.

6 Sep 2013

The plaintiff filed a chamber summons seeking modification of the Court Receiver's order dated 24 August 2010 fixing royalty at Rs.45,000 per month fo...

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