Bai Rabiabai Wd/O Ebrahim Mia ... vs The Official Assignee And Bishops ...

Citation : 2023 Latest Caselaw 7622 Bom
Judgement Date : 1 August, 2023

Bombay High Court
Bai Rabiabai Wd/O Ebrahim Mia ... vs The Official Assignee And Bishops ... on 1 August, 2023
Bench: Bharati Dangre
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  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         ORDINARY ORIGINAL CIVIL JURISDICTION
             CHAMBER SUMMONS NO. 627 OF 2006
                          IN
                   SUIT NO. 208 of 1950

Bai Rabiabai wd/o Ebrahim Mia           .. Applicants
Mohammed Haji Janmohammed
Chhotani and ors
                 Versus
The Official Assignee and Bishops       .. Respondent
Education Society
                           WITH
          NOTICE OF MOTION NO. 186 OF 2018
                              IN
                    SUIT NO. 101 of 2018

Drupadi Venkat Narayan                     .. Applicants
                Versus
Bina Thakurdas Phulwar                     .. Respondent
                            WITH
               NOTICE OF MOTION NO. 909 OF 2019
                             IN
                      SUIT NO. 208 of 1950

Abdul Hameed Ebrahim Chotani and ors .. Applicants
                 Versus
The Official Assignee, High Court,   .. Respondent
Bombay.

                                       ...

Mr.Ashish Kamat, Sr. Advocate with Mr.Mohit Khanna,
Mr.Vishesh Malviya, Chandrajit Das and Ms.Saba Khan i/b
M/s.Rashmikant and Partners for the applicant in CHS
No.627/2006.

Ashish




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Mr.Radhikesh V. Uttarwar with Ms.Pooja R. Thakur, Shrikant
Patil and Mr.Arjun Pawar for defendant nos.3, 9, 10, 11, 12, 13
and 16.
Mr.Asif Y. Memon for the plaintiff.
Mr.Devansh Shah i/b Vidhi Partners for defendant no.2.
Mr.R.D. Soni with Mr. Sujay Gawade i/b Shree and Co. for
defendant no.17.
Mrs.Rekha V. Rane, 2nd Asstt. To Court Receiver with
Mrs.Vinodini Worlikar, Section Officer, Court Receiver's office,
present.

                            CORAM: BHARATI DANGRE, J.

DATED : 1st AUGUST, 2023 P.C:-

1 During the course of arguments, my attention is invited to a Suit filed by the Bishop Education Society against the Pune Municipal Corporation and which is pending for adjudication in the Court of Civil Judge and Senior Division, Pune.

2 The learned senior counsel Mr. Kamat has specifically argued that the Suit was required to be filed despite the specific judgment of the Division Bench delivered on 11/09/2014, dismissing the Writ Petition filed by the parties to the present suit, and according to him till date, he has not handed over the possession of plot no.80 and hence he seek discharge of the Court Receiver so that the action of BMC in its favour can be fructified.

In order to appreciate the reason why the the PMC is now dragging its feet, when it, by resolution alloted Plot No.80 in favour of the Bishop Education Society, let Mr. Kamat place Ashish ::: Uploaded on - 03/08/2023 ::: Downloaded on - 03/08/2023 22:54:11 ::: 3/3 1 CHS 627-06.doc on record the copy of the plaint along with the written statements filed by the Corporation.

Re-notify to 3/08/2023, first on board.

( SMT. BHARATI DANGRE, J.) Ashish ::: Uploaded on - 03/08/2023 ::: Downloaded on - 03/08/2023 22:54:11 :::