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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL APPELLATE JURISDICTION

CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO. 409 OF 2008

APPEAL FROM ORDER NO. 409 OF 2008

APPEAL FROM ORDER NO. 409 OF 2008

IN

IN

IN

RECEIVER’S REPORT DATED 02/03/2007

RECEIVER’S REPORT DATED 02/03/2007

RECEIVER’S REPORT DATED 02/03/2007

IN

IN

IN

SHORT CAUSE SUIT NO. 4109 OF 1980

SHORT CAUSE SUIT NO. 4109 OF 1980

SHORT CAUSE SUIT NO. 4109 OF 1980

Asharam Tiwari (since deceased)

Asharam Tiwari (since deceased)

Asharam Tiwari (since deceased)

through LRs :

through LRs :

through LRs :

1. Mrs. Kalavatidevi A Tiwari & Ors. .. Appellants.

1. Mrs. Kalavatidevi A Tiwari & Ors. .. Appellants.

1. Mrs. Kalavatidevi A Tiwari & Ors. .. Appellants.

(Org.Defendants)

(Org.Defendants)

(Org.Defendants)

V/s.

V/s.

V/s.

1. Harish Gulabdas Shah & others. .. Respondents.

1. Harish Gulabdas Shah & others. .. Respondents.

1. Harish Gulabdas Shah & others. .. Respondents.

(Org.Plaintiffs)

(Org.Plaintiffs)

(Org.Plaintiffs)

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Mr.Pravin Samdhani with Mr.Pratik Seksaria & Abhishek

Mr.Pravin Samdhani with Mr.Pratik Seksaria & Abhishek

Mr.Pravin Samdhani with Mr.Pratik Seksaria & Abhishek

Sawant i/by M/s.Wadia Gandy and Co. for the Appellants.

Sawant i/by M/s.Wadia Gandy and Co. for the Appellants.

Sawant i/by M/s.Wadia Gandy and Co. for the Appellants.

Mr.Anil Gulabdas Shah, the Respondent No.2, in- person.

Mr.Anil Gulabdas Shah, the Respondent No.2, in- person.

Mr.Anil Gulabdas Shah, the Respondent No.2, in- person.

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CORAM : SMT.R.P.SONDURBALDOTA, J.

CORAM : SMT.R.P.SONDURBALDOTA, J.

CORAM : SMT.R.P.SONDURBALDOTA, J.

DATED : 26TH AUGUST, 2008.

DATED : 26TH AUGUST, 2008.

DATED : 26TH AUGUST, 2008.

P.C.:

P.C.:

P.C.:

. This appeal arises out of the order dated 23rd

. This appeal arises out of the order dated 23rd

. This appeal arises out of the order dated 23rd

January, 2008 passed by the Bombay City Civil Court and

January, 2008 passed by the Bombay City Civil Court and

January, 2008 passed by the Bombay City Civil Court and

the report made by the Receiver dated 2nd March, 2007.

the report made by the Receiver dated 2nd March, 2007.

the report made by the Receiver dated 2nd March, 2007.

The order has been a common order on Receiver’s report

The order has been a common order on Receiver’s report

The order has been a common order on Receiver’s report

and four Notices of Motion taken out by the defendants.

an