JUDGMENT:

1. The present appeal challenges an order dated 13th September 2023 passed by the Trial Court in Notice of Motion No. 4568 of 2017 (hereinafter, referred to as the “impugned order”) that was preferred by the Appellant / Plaintiff. By the said Notice of Motion, the Appellant sought appointment of the Court Receiver, High Court, Bombay in respect of Shop No. 15A situated on the ground floor of the building popularly known as Heera Panna Shopping Centre located at the junction of Bhulabhai Desai Road and Tardeo Road at Haji Ali, Mumbai 400034 (hereinafter, referred to as the “suit shop”) together with a direction to the Court Receiver to take possession thereof from the Respondents / Defendants or any other person/s found to be in possession and hand over the same to the Appellant.

2. The Notice of Motion was principally founded upon the allegation that Respondent No. 2 had violated earlier orders passed by this Court, breached the undertaking dated 17th July 1986 furnished to this Court and acted contrary to the Agency Agreement executed by her with the Court Receiver in respect of the suit shop. By the impugned order, the Trial Court rejected these contentions and d