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Bombay High Court

Mr. Dinkarrai Harilal Parekh And Ors vs Mr. Rajendra Dinkarrai Parekh on 4 July, 2022

Author: R.I. Chagla

Bench: R.I. Chagla

           Digitally signed
           by JITENDRA
JITENDRA   SHANKAR
SHANKAR    NIJASURE
           Date:
NIJASURE   2022.07.05
           17:48:00 +0530




                                                                       1-crr-53-2019.doc

jsn
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                   COURT RECEIVER'S REPORT NO.53 OF 2019
                                                     IN
                                      ARBITRATION APPEAL NO.18 OF 2015
                                                   WITH
                                    INTERIM APPLICATION NO.1061 OF 2022
                                                    AND
                                    INTERIM APPLICATION NO.3619 OF 2022
                                                     IN
                                      ARBITRATION APPEAL NO.18 OF 2015

             Mr. Dinkarrai Harilal Parekh and Ors.                     ...Applicants/
                                                                       Appellants

                              Versus

             Mr. Rajendra Dinkarrai Parekh                             ...Respondent

                                                     ----------
             None for the Appellants / Applicants.
             Rushabh Sheth with Pratik Amin for the Respondent.
             Rekha Rane, 2nd Asstt. to Court Receiver is present.
                                                     ----------

                                              CORAM :        R.I. CHAGLA J

                                              DATE      :    4TH JULY, 2022

             ORDER :

1. Heard learned Counsel appearing for the Respondent. None appears for the Appellants. It is stated by the learned Advocate for the Respondents that the Agency Agreement has been executed 1/2 1-crr-53-2019.doc with the Court Receiver with regard to the Cold Storage premises as per the directions of this Court and the last opportunity granted by this Court on 13th June, 2022. The 2nd Asstt. to Court Receiver has also apprised this Court regarding the execution of the Agency Agreement in respect of the Cold Storage premises. The original Agency Agreement dated 2nd July, 2022 is tendered together with undertaking of the Respondent as per the usual terms of agency agreements executed with the Court Receiver. The original Agency Agreement and undertaking are taken on record together with covering letter dated 4th July, 2022 of the Advocate for the Respondent. The same shall be in the custody of the Court Receiver.

2. Now it remains for the Appellants to enter into the Agency Agreement in respect of the office premises at 125, Bhavani Peth, Pune. Since today there is non appearance of the Appellants, they are directed to remain present on the next date for the purpose of informing this Court as to whether the Agency Agreement has been executed with the Court Receiver.

3. The Court Receiver's Report No.53 of 2019 shall be placed on 11th July, 2022 at 2.30 p.m. [R.I. CHAGLA J.] 2/2