ATUL D SOHNI Vs. B M CHOKSEY

JUDGEMENT

(1.) THIS Notice of Motion is taken out by applicant Kailash Prasad Agarwal, for modification or for setting aside the Order dated 10-7-1997 passed by Justice Variava on the Report of the Court Receiver dated 2-7-1997. In that Order Justice Variava observed and held that the present applicant - Kailash Prasad Agrawal refused to accept the service and that was good service of the Report to Mr. Kailash Prasad Agarwal. Kailash Prasad Agarwal remained absent in the Court. It was further found that Mr. Kailash Prasad Agarwal and his sons were acting high handedly and were carrying out unauthorised construction and giving threats to the representative of the Court Receiver, therefore Court Receiver was directed to evict Kailash Prasad Agarwal and his sons from the suit premises with the help of the police, if necessary. It was clarified that if Mr. Kailash Prasad Agarwal was to make any representation, the said representation can be heard only after he hands over possession to the Court Receiver.

(2.) IT appears that after this Order the applicant took out this Notice of Motion and moved Justice Variava for urgent reliefs on the ground that the premises of which the applicant was to hand over possession were residential premises and if no relief were granted then the entire family of the applicant will be thrown on streets. Justice Variava did not find any reason to interfere and he observed and held that the Report of the Court Receiver dated 2-7-1997 was sought to be served on Mr. Agarwal but he refused to accept the service and on the contrary threatened the representative of the Court Receiver and behaved in high handed manner with an Officer of the Court.

(3.) JUSTICE Variava further observed that the party who threatened an Officer of the Court has no right of being heard and since a tendency was increasing, it was required to be curbed and therefore Justice Variava refused to stay his Order dated 10-7-1997 and observed that the Court Receiver must take possession from the applicant. However, liberty was given to the Court Receiver to appoint applicant Kailash Prasad Agarwal as his agent and to allow Kailash Prasad Agarwal and his family members to continue to stay in the flat. Admittedly this was an interim arrangement till the present Notice of Motion taken out by the applicant was decided and disposed of.