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2022 Supreme(Bom) 2001

G. S. PATEL, M. G. SEWLIKAR
Mahendra Mangruram Gupta – Appellant
Versus
Rajdai Nandlal Shaw – Respondent


Advocates Appeared:
Saurabh M.Raikar, Advocate, V.Y.Sanglikar, Advocate, Prem Das, Advocate, Rekha Rane, Advocate

JUDGMENT

G.S.PATEL, J. - The Appeal is directed against an interim order dtd. 26/11/2019 passed by the learned Single Judge of this Court in Notice of Motion No.1189 of 2014. In that Notice of Motion the Plaintif sought an injunction restraining the 1st and 2nd Defendants from parting with possession and also sought the appointment of a Court Receiver to take physical possession of the suit premises, a bhel puri or chana kurmura vending shop.

2. After hearing both sides and considering the material on record, the learned Single Judge appointed the Court Receiver, directed the Receiver to take physical possession of the shop in question and then directed the Receiver to appoint the Plaintif as the Receiver's agent without security. The Receiver was to fx royalty which was to be deposited in Court and then invested.

3. Mr Railkar appears for the Appellants, original Defendants Nos. 1 and 2. He is not aggrieved by a previous order of injunction earlier granted by this Court. In any case, that injunction has been confrmed by Division Bench of this Court in Appeal on 9/12/2019. What aggrieves the Appellants is the order appointing the Court Receiver with an order to take possession from

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