SHEEL ARORA Vs. MADAN MOHAN BAJAJ

JUDGEMENT

(1.) This appeal arises from the order dated 13th October, 1999 passed in Notice of Motion No. 1136 of 1998 in Suit no. 937 of 1998. By the impugned order, the learned Single Judge has made the Notice of Motion absolute, thereby has appointed a receiver for the suit premises.

(2.) The respondent No. 1 has filed Civil Suit claiming declaration that the plaintiff and the appellant herein, who is the defendant No. 1 in the suit are the owners in respect of shares bearing Nos. 306 to 310 and of the Flat No. 3 on the second floor, and also of Garage No. 17 on the ground floor of the building known as "skycraper Building - B block, situate at Bhulabhai Desai Road, mumbai, and consequently for the partition of the suit property. Pending the hearing and disposal of the suit, the plaintiff took out the Notice of Motion, seeking an order of appointment of Court Receiver in respect of the suit property and also seeking relief of temporary injunction. By the impugned order, the learned Single Judge restricted relief in the nature of appointment of Court receiver and refused to grant any other relief. At the time of admission of the appeal, while staying the impugned order, temporary injunction was granted in terms of prayer Clause (b) of the Notice of Motion, whereby the appellant was restrained from transferring or alienating or parting with the possession and or creating any third party right in the suit premises during pendency of the appeal. Prior to the said interim order on 2nd November, 1999 as it was informed to the court that the receiver had already taken formal possession, it was directed that the receiver shall not take actual possession of the suit premises, nor shall claim any royalty from the occupants of the premises.

(3.) The impugned order is sought to be challenged, mainly on the ground that there was no prima-facie case made out by the respondent No. 1 for appointment of receiver in relation to the suit premises.