38 Crr-561-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO. 561 OF 2025 IN SUIT NO. 891 OF 2010 Zuleikha S. Hutchinson ...Plaintiffs Vs. Mustafa Haji Abubaker Haji Eisa and Ors. ...Defendants ***** Adv. Mrunal Tavade i/by Little and Co. Advocate for the Applicant in CHOL 621 of 2026 in Chamber order Mr. B. V. Baravkar Court Receiver a/w Nandini Deshpande - 1st Assistant to Court Receiver Adv. Saiprasad Dudhane i/by N. R. Tripathi and Associates Advocate for Defendant No. 2 Eisa Abubakar Defendant No. 2 present in- person Adv. Faiza A. Dhanani i/by Cue Legal Advocate for Defendant No. 1- CRR No. 561 of 2025 ***** CORAM : S. M. MODAK, J. DATE : 24th AUGUST 2026 P. C. :- 1. The suit is already dismissed for default as per order dated 18.09.2025. Learned advocate for the Plaintiff submitted that they Seema 1/3 SEEMA KSHITIJ YELKAR Digitally signed by SEEMA KSHITIJ YELKAR Date: 2026.08.25 16:28:29 +0530 38 Crr-561-2025.doc have already sought discharge and Chamber order is already filed, but it is not listed. 2. By this report, the Court Receiver is seeking various directions. As the suit is dismissed, even the Court receiver discharged. Now the issue before the Court is what should be done about the amount lying with the Court Receiver in the suit account and having fixed deposits. The defendants want it should be returned to them. Even the Plaintiff has sent an email dated 18.08.2026 asking for certain reliefs. Copy of the email be supplied to both the sides. So far as issue of the disbursal of this amount cannot be decided only on the basis of email and oral request. Both the parties are at liberty to take appropriate steps. 3. In the meantime, certain prayers as per the Court Receiver report can be considered. The Receiver can certainly be discharged with the consequential compliance. So also bank account which are freezed can also be defreezed. 4. The prayer clauses (a), (b), (c) and (e) reads thus :- (a) As the Court Receiver has been discharged as per order dated 18th September, 2025, the Hon'ble Court may be pleased to permit the Court Receiver, High Court Bombay: Seema 2/3 38 Crr-561-2025.doc (i) To issue de-attornment letter to the tenants of suit property; (ii) To Allow to remove possession board of Court Receiver from Suit Properties; and, (iii) To direct the Rent Collector to stop collecting rent from the tenants of suit properties from the date of discharge. (b) Necessary directions with respect to the bank accounts of deceased, freezed by the following banks, be passed: (i) The Memon Co-Operative Bank Ltd. Mahim Branch (ii) Standard Chartered Bank (iii) Citi Bank (c) The Court Receiver, High Court, Bombay may be permitted to deduct the cost, charges and expenses from the balance lying in suit account; (e) The cost of this report amounting to Rs. 5,000/- may be granted and allowed to be deducted from suit account; 5. These prayers can certainly consider today. In view of that report is made absolute in terms of prayer clauses (a), (b), (c) and (e). So far as prayer clause (d) is concerned, it will be decided depending upon the steps taken by the Parties. [S. M. MODAK, J.] Seema 3/3