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2021 Supreme(Bom) 511

B.P.COLABAWALLA
Harish Punamchand Mashruwala – Appellant
Versus
Mohanbhai Govindbhai Bani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abhinav Chandrachud i/b Lalit Jain
For the Respondents: Chetan Kapadia, Vinod B. Mistry and Deepak Shukla i/b Vinod Mistry and Co.

ORDER :

B.P. Colabawalla, J.

1. The above Interim Application has been preferred by the applicants/defendant Nos. 1 to 4 seeking the following reliefs:-

    "(a) This Hon'ble Court may be pleased to appoint the Court Receiver of this Hon'ble Court as a Receiver to take possession of the property being Plot No. 250/1 and 250/2, Road No. 2, GIDC Sachin, Surat, 394 230, under Order 39 Rule 2-4 of the Code of Civil Procedure, 1908;

(b) this Hon'ble Court may be pleased to attach all the properties of the plaintiffs, including plot No. 250/1 and 250/2, Road No. 2, GIDC Sachin, Surat, 394 230, under Order 39 Rule 2-4 of the Code of Civil Procedure, 1908;

(c) This Hon'ble Court may be pleased to dismiss the present Suit under Order 39 Rule 11 of the Code of Civil Procedure, 1908;

(d) This Hon'ble Court may be pleased to order the plaintiffs to be detained in civil prison for a term not exceeding three months."

2. According to defendant Nos. 1 to 4, the reliefs sought in this application ought to be granted in view of the fact that the plaintiffs have violated the status quo order passed by this Court on 4 September, 2014 (for short "the 2014 order") in Notice of Motion No. 303/2011. For the sake o

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