Bombay High Court
Ketan Trivedi(Administrator) vs Ashita Tham And Ors on 16 June, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
Date:
NIJASURE 2022.06.18
17:08:30 +0530
1-crr-124-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
COURT RECEIVER'S REPORT NO.124 OF 2022
IN
TESTAMENTARY SUIT NO.14 OF 2004
IN
TESTAMENTARY PETITION NO.80 OF 2004
Ketan Trivedi ...Administrator
(Vasant Narayan Sardal)
Versus
Ashita Tham & Ors. ...Defendants
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Mr. Ketan Trivedi, former Administrator is present.
Ms. Kanchan M. Rane, present Administrator present.
Archit Jayakar i/b. Jayakar & Partners for the Defendants.
Ms. R.V. Rane, 2nd Asstt. to C.R. present.
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CORAM : R.I. CHAGLA J
DATE : 16TH JUNE, 2022
ORDER
1. The Court Receiver has filed report No.124 of 2022 on 26th April, 2022 for discharge without passing of accounts and upon payment of costs, charges and expenses to be borne by the Plaintiff as 1/4 1-crr-124-2022.doc per revised financial statement of accounts. This is pursuant to the order dated 8th April, 2022.
2. In the said report, the Court Receiver has stated that under the order dated 1st July, 2004 passed in accordance with the Consent Terms, the Court Receiver was appointed as Receiver of the estate of the deceased of the deceased with all powers under Order XL Rule 1 of the Code of Civil Procedure, 1908 including the power to appoint the Plaintiff as agent of the Court Receiver and to conduct and run the business of 'Norman Guest House', situated at 2, Firdaus, Marine Drive, Mumbai and to let Suit Flat No.25 at 'Neel Tarang Building', Mahim, Mumbai 400 016 on Leave and License basis, to pay all debts of the deceased and to pay all statutory liabilities due from the estate as well as to take inventories of the two flats including cupboard / almirahs lying therein and for renewal of Municipal, Police and other licences issued by various local and Municipal Authorities.
3. Thereafter, the registry had fixed an appointment on 11th August, 2004 for executing the said order. The parties to the proceedings requested the Court Receiver by consent letter to 2/4 1-crr-124-2022.doc adjourn the appointment as the parties were arriving at overall settlement. Hence, the appointment could not materialize. Thereafter, the Registry fixed fresh appointment for executing the said order. This too could not materialize in view of the consent letter of the parties making the same request. Thereafter, this Court by order dated 3rd May, 2018 appointed Mr. Ketan Trivedi to serve as an Administrator under Section 254 of the Indian Succession Act, 1925. The Registry has prepared the financial statement of accounts in the matter and as per the statement of accounts a sum of Rs.45,577/- is to be recovered from the Plaintiff. Accordingly, the Court Receiver has sought discharge from these proceedings without passing of accounts and on payment of costs, charges and expenses to be borne by the Plaintiff as per revised financial statement of accounts.
4. It is to be noted that by the separate order passed today, Mr. Ketan Trivedi has been substituted by Ms. Kanchan Rane to serve as Administrator under Section 254 of the Indian Succession Act, 1925 and to be substituted in the place of Plaintiff for which requisite steps are to be taken. The appointment of the Court Receiver is no longer required to be continued in view of the Administrator being appointed and accordingly the following order is passed:- 3/4
1-crr-124-2022.doc
(i) The Court Receiver of this Court is discharged without passing of accounts and upon payment of costs, charges and expenses. In so far as the costs, charges and expenses of the Court Receiver is concerned, it is stated by the previous Administrator Mr. Ketan Trivedi that there is no amount lying in the Suit account. In view thereof, the Defendants are directed to pay costs, charges and expenses of the Court Receiver as per revised financial statement of accounts.
(ii) The costs of report is fixed at Rs.5,000/- and shall also be borne by the Defendants and shall be deposited in the Office of the Court Receiver within a period of one week from today.
(iii) The Court Receiver Report is accordingly disposed of.
[R.I. CHAGLA J.] 4/4