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1991 Supreme(Bom) 507

D.R.DHANUKA
20th Century Finance & Consultancy Services Ltd. – Appellant
Versus
Khanna Rayon Industries Ltd – Respondent


JUDGMENT - D.R. DHANUKA, J.:---The plaintiff has taken out this notice of motion for appointment of Court Receiver, High Court, Bombay, as receiver of the suit equipments described in Schedule (Exhibit 'F' to the plaint) with all powers under Order XI, Rule 1 of the Code of Civil Procedure including the power to take actual physical possession of the said equipment and to hand over the same to the plaintiff and for various orders of interim injunctions. The defendant has resisted the notice of motion on several grounds.

2. By an order dated 26th April, 1991, Jhunjhunuwala, J., appointed the Court Receiver, High Court, Bombay, as ad interim receiver in terms of prayer (f) of the notice of motion and also granted limited interim injunction in terms of prayer (g) thereof. Being aggrieved by the said order, the defendant preferred an appeal, being Appeal No. 521 of 1991. Pursuant to the orders passed by the Hon'ble Divison Bench, the Court Receiver has taken symbolic possession of the abovereferred equipments. The notice of motion is heard as some length.

3. The relevant facts emerging from the record are as under :---

(a) By a master agreement of lease No. TCF/24/1986 dated 28th April,





































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