Bombay High Court
Shaikh Constructions vs Romell Housing Llp And 22 Ors on 19 September, 2025
Sayyed Praecipe-1.IA.1767.2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1767 OF 2020
IN
SUIT NO.367 OF 2023
M/s. Shaikh Constructions ...Applicant/Plaintiff
Versus
Romell Housing LLP & Ors. ...Defendants
_____________________________________________________
Mr. Pradeep Sancheti, Senior Advocate a/w Mr. Rohan Sawant i/by
Ms. Garima Mehrotra for Applicant/Plaintiff.
Mr. Girish Godbole i/by Mr. Drupad Patil for Defendant No. 1.
Mr. Rajat Jain i/by M. M. Legal Associates for Defendant No. 2.
Mr. Nitin C. Pawar, Court Receiver a/w Mrs. S. S. Chipkar, Master
(Adm.) Representative of Court Receiver present.
_____________________________________________________
CORAM : JITENDRA JAIN, J.
DATE : 19 SEPTEMBER 2025
P.C.:
1. Not on board. On mentioning, taken on board.
2. Mr. Sancheti, learned senior counsel appearing for the
applicant states that the Court Receiver was appointed on 14 December
2018 by the Hon'ble Supreme Court pursuant to the proceedings arising
under Article 226 of the Constitution of India filed by defendant no.1
with regard to subject suit property.
3. The defendants in the present suit had filed a Criminal
Revision Application No.108 of 2023 before this Court under Section
397 of the Code of Criminal Procedure, 1973 (Cr.PC.). The said revision
application was heard and an order on 16 September 2025 was
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Sayyed Praecipe-1.IA.1767.2020.doc
pronounced, whereby the Court Receiver was directed to handover
physical possession of the land to defendants herein. The relevant
paragraphs of the said order dated 16 September 2025 are as under:-
"63. I further direct the Court Receiver to hand over physical possession
of the said land to the applicants strictly in accordance with the
order of the learned Metropolitan Magistrate. The applicants shall
first pay the charges of the Court Receiver as assessed by that
office. Once such payment is made, the Court Receiver shall
complete the process of handing over possession without any delay.
64. The Court Receiver shall also take police assistance, if needed, to
ensure peaceful execution of this order and to prevent any
obstruction. The respondents are directed to extend full
cooperation to the Receiver and not to interfere in the process of
handing over possession.
65. Lastly, it is clarified that the investigation by the CBI and any
criminal trial shall go on unaffected by this order. This judgment is
confined only to deciding the question of possession under Section
145 Cr.P.C. It does not affect or prejudge the rights of any party in
civil proceedings, which will be decided by the competent civil
court in due course of law.
66. Parties shall bear their own costs.
67. At this stage, learned Advocate for the respondents seeks stay of the
order. However, for the reasons stated in the order, the request for
stay is rejected."
The prayer for stay of the said order was also rejected.
4. Today, the applicant/plaintiff in the original suit prays by
relying on the order of 3 March 2021 that their Interim Application may
be heard and pending the hearing of the said Interim Application, this
Court should not disturb the possession which is with the Court
Receiver.
5. Mr. Godbole, learned senior counsel for defendant no.1
strongly opposes the said prayer and submits that there are very serious
observations made in the order passed in criminal revision application
with respect to the State machinery and the conduct of the plaintiff. He
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Sayyed Praecipe-1.IA.1767.2020.doc
states that if the possession is handed over, he undertakes not to create
any third party right or interest and that should suffice the grievance
raised by the applicant/plaintiff. Mr. Godbole relies on paragraph 12 of
the decision of the Hon'ble Supreme Court in the case of Shanti Kumar
Panda vs. Shakuntala Devi 1
6. Mr. Sancheti, learned senior counsel for the plaintiff/applicant
relies on this very judgment and submits that although in the criminal
revision application the issue of possession has been decided summarily,
this Court in civil proceedings will have to examine all the issues
including the issue of possession. He also states that even the order of
16 September 2025 in paragraph 65 records the same.
7. In my view, considering the above referred decision relied
upon by both the learned senior counsel and the fact that the Court
Receiver is in possession since 2018, I propose to hear Interim
Application for urgent relief on 25 September 2025.
8. The Court Receiver to take possession of the suit property in
Interim Application No.1767 of 2020. The plaintiff is directed to lodge
the proceedings before the office of the Court Receiver.
9. List this matter on 25 September 2025 (FOB).
10. The above is only an ad-interim arrangement that is to be
reviewed on 25 September 2025.
[JITENDRA JAIN, J.]
1 (2004) 1 SCC 438
Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 19/09/2025 15:27:27 3 of 3
