Miss Road F. Tata & Anr. Vs. Gora Banerjee & Anr.
EmailAppeal: Civil Appeal No. 6234/83.
Petitioner: Miss Road F. Tata & Anr.
Respondent: Gora Banerjee & Anr.
Apeal: Civil Appeal No. 6234/83.
Judges: A.P. SEN & V. BALAKRISHNA ERADI, JJ.
Date of Judgment: Mar 23, 1987
Appearances:
Mr. S. Rangarajan, Sr. Adv., Mr. S. Pareikh, Adv. and Mr. B.P. Singh, Adv. for the Applicant.
Mr. A.S. Bhasme, Adv. for the Respondent.
Head Note:
PRACTICE & PROCEDURE
Small Causes Court, Bombay dispossessed the decreeholder and appointed receiver in respect of the disputed premises – Small Causes Court acted with grave impropriety – Order of Small Causes Court vacated.
JUDGEMENT:
O R D E R
1. Shri A. S. Bhasme, learned counsel appearing on behalf of contemnor – respondent No. 4 Subash S. Padwal takes notice.
2. After hearing learned counsel for the parties we are satisfied that the Court of Small Causes, Court No. 6, Bombay acted with grave impropriety in appointing a receiver of the disputed premises in Suit No. 9/87 and in dispossessing the decreeholder who was put into possession in compliance with the Court’s order. We accordingly vacate the order passed by the said Court of Small Causes directing the appointment of a receiver and direct that the Small Causes Court shall place the decree-holder in possession of the said premises forthwith and submit report of compliance to the Court within ten days from today. We are constrained to record our displeasure at the way the Court of Small Causes, Court No. 6, Bombay played into the hands of the ~14~ debtor and persons claiming through him or acting at his instigation.
3. The matter shall be listed on April 14, 1987. In the mean while the respondents will file their counter-affidavits.
4. A copy of the proceedings be transmitted to the Court of Small Causes, Court No. 6, Bombay.
1. Shri A. S. Bhasme, learned counsel appearing on behalf of contemnor – respondent No. 4 Subash S. Padwal takes notice.
2. After hearing learned counsel for the parties we are satisfied that the Court of Small Causes, Court No. 6, Bombay acted with grave impropriety in appointing a receiver of the disputed premises in Suit No. 9/87 and in dispossessing the decreeholder who was put into possession in compliance with the Court’s order. We accordingly vacate the order passed by the said Court of Small Causes directing the appointment of a receiver and direct that the Small Causes Court shall place the decree-holder in possession of the said premises forthwith and submit report of compliance to the Court within ten days from today. We are constrained to record our displeasure at the way the Court of Small Causes, Court No. 6, Bombay played into the hands of the ~14~ debtor and persons claiming through him or acting at his instigation.
3. The matter shall be listed on April 14, 1987. In the mean while the respondents will file their counter-affidavits.
4. A copy of the proceedings be transmitted to the Court of Small Causes, Court No. 6, Bombay.
