HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MADHAV J. JAMDAR
UNI TEX PRODUCTS PVT. LTD. – Appellant
Versus
LEELA SHANTIKUMAR GANDHI (DELETED SINCE DECD) AND ORS – Respondent
CRR/33/2025
##PAGE1##
2026:BHC-AS:5065
951-CRR-33-2025.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
COURT RECEIVER REPORT NO.33 OF 2025
Digitally
signed by IN
ARJUN
ARJUN VITTHAL WRIT PETITION NO.5688 OF 2022
VITTHAL KUDHEKAR
KUDHEKAR Date:
2026.02.01 UNI TEX Products Pvt. Ltd. …Petitioner
14:22:56
+0530
Versus
Leela Shantikumar Gandhi
(Deleted Since Deceased) & Ors. …Respondents
_______________________________________________________________
Mr. N. C. Pawar, Court Receiver, High Court, Bombay.
_______________________________________________________________
CORAM: MADHAV J. JAMDAR, J.
PRONOUNCED ON: 30 JANUARY 2026
UPLOADED ON: 01 FEBRUARY 2026
P.C.:
1. The Court Receiver, High Court, Bombay, has sought the
following directions :-
“(a)The Hon’ble Court may be pleased to discharge the Court
Receiver, High Court, Bombay in view of non-lodgement of
the proceedings and order by the Petitioner subject to
payment of the cost, charges and expenses of the Court
Receiver.
(b) The cost of this report may be awarded in the sum of Rs.
5,000/- and the Petitioner may be directed to deposit the
same with the Office of the Court Receiver.”
2. Mr. Pawar, learned Court Receiver, is personally present in the
Court. He states that in terms of the Rule 596 of the Bombay High Court
(Original Side) Rules, 1980, the Court Receiver shall stand discharged
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in view of the non-lodgement of the proceedings and the order by the
Petitioner. The learned Court Receiver also pointed out the decision of
the Administrative Judges’ Committee dated 28th June 2013 and more
particularly Clause Nos.(a) and (b) of the same.
3. Perusal of the record shows that by Order dated 10th March 2025
passed in Writ Petition No.5688 of 2022 along with Writ Petition
No.7029 of 2024, this Court inter alia passed the following direction :-
“7. It is made clear that if the Petitioner fails to vacate the
suit premises on or before 10th March 2026, then the Court
Receiver, High Court, Bombay shall stand appointed with
respect to the suit premises immediately after 10th March
2026 and the Court Receiver, High Court, Bombay shall take
possession from the Petitioner or whoever found occupying
the suit premises and handover the same to the Respondent
Nos.1 to 4 (which shall mean and include their successors in
interest as provided in clause (6) of the Consent Terms).”
4. Perusal of the said Order shows that the undertakings have been
accepted of the Petitioner to vacate the suit premises by 10th March
2026 and if the Petitioner fails to vacate the suit premises by said date,
then the Court Receiver, High Court, Bombay, has been directed to be
appointed immediately after 10th March 2026 and the Court Receiver,
High Court, Bombay, shall take possession from the Petitioner or
whoever found occupying the suit premises and handover the same to
Respondent Nos.1 to 4.
5. Rule 596 of the Bombay High Court (Original Side) Rules, 1980,
on which the learned Court Receiver relies, reads as under :-
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“R. 596. Certified copy of the Minutes of the decree or
order to be served on the Receiver.—In a suit or matter where
a Receiver has been appointed, a certified copy of the minutes
of the decree or order containing provisions which directly or
indirectly concern the Receiver shall be served on the Receiver
by the party on whose application the decree or order is
passed within one week from the date of such decree or
order:
Provided, however, that where the party is represented
by an Advocate entitled to act on the Original Side of this
Court, it shall be the duty of such Advocate to serve a certified
copy of the minutes of the decree or order on behalf of the
party within the time herein provided.”
6. The said Clause Nos.(a) and (b) of the decision of the
Administrative Judges’ Committee dated 28th June 2013, reads as
under :-
“a) The office of the Court Receiver to submit
appropriate report seeking discharge in case the
party/Advoca
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