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march 2008

Supreme Court of India · 2008-03-12

Tayabbhai M. Bagsarwalla & Another vs Mahalaxmi Metal Industries & Others

Court
Supreme Court of India
Petitioner
Tayabbhai M. Bagsarwalla & Another
Respondent
Mahalaxmi Metal Industries & Others
Bench
S.B. Sinha, P.P. Naolekar

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's order discharging the Court Receiver from possession of the suit premises, emphasizing the need for proper identification and handover of the premises to the rightful parties. The Court clarified that the Receiver must determine the royalty payable by the applicant and ensure compliance with previous orders. The judgment reinforces the principle that the Receiver's actions must align with the legal framework established under the Bombay Municipal Corporation Act and prior court directives.

Tayabbhai M. Bagsarwalla & Another vs Mahalaxmi Metal Industries & Others · Niyam