Darshana Atul Gada vs Atul Shantilal Gada
2023 Latest Caselaw 2138 Bom

                                                                           67-cp-378-2021.doc


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

                                  CONTEMPT PETITION NO.378 OF 2021


                      Darshana Atul Gada                          ... Petitioner
         Digitally
         signed by
         ATUL
ATUL     GANESH


                                  V/s.
GANESH   KULKARNI
KULKARNI Date:
         2023.03.06
         10:13:11
         +0530

                      Atul Shantilal Gada                         ... Respondent


                      Ms. Firdaus Moosa i/by Mr. Prakash Mahadik for the
                      petitioner.
                      Mr. Yogendra Kanchan with Ms. Ankita Sharma for the
                      respondent.



                                                  CORAM : AMIT BORKAR, J.

                                                  DATED       : MARCH 3, 2023
                      P.C.:

1. Despite order dated 10th February 2023 the contemnor has not taken any steps for compliance of the order. It appears that the respondent is not complying with the order despite various orders passed by this Court.

2. Though the property jointly owned by the husband and wife, the husband is neither paying arrears of maintenance nor is trying to sell the property. The petitioner is, therefore, permitted to file an application for appointment of Court Receiver in relation to the Vile Parle flat owned by the husband.

3. It is made clear that if such an application is filed under section 51 of the Code of Civil Procedure, 1908 read with Order

67-cp-378-2021.doc

40, in that event this Court will consider appointment of Court Receiver and shall also consider appointing wife as Agent of the Court Receiver and to take possession of the Vile Parle flat from the husband. Additionally, it will be open for the petitioner to file application in terms of the observations made in paragraphs 62, 70 and 185.5 of the judgment of the Apex Court in Subrata Roy Sahara v. Union of India reported in 2014 (8) SCC 470.

4. It is clarified that the observations made in paragraph 8 of the order dated 10th February 2023 shall not come in the way of this Court for appointment of Court Receiver and to put wife in possession of the flat in question.

5. It is also made clear that the wife shall be entitled to claim arrears of maintenance in addition to the appointment of Court Receiver.

(AMIT BORKAR, J.)