Bombay High Court
Excel Enterprises Realty LLPversusSharmila S Amin and Ors.
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
Holding
The Court discharged the Court Receiver without requiring accounts and awarded costs of Rs.5,000 to be debited from the suit account.
Summary
Excel Enterprises Realty LLP filed a petition seeking discharge of the Court Receiver appointed under the PAAA Agreement following the order dated 16 June 2025. The petitioner requested that the receiver be discharged without the need to pass accounts, and that costs of Rs.5,000 be awarded from the suit account. The Court examined the prayer clauses and found no dispute on the appointment and the request. It allowed the discharge of the Court Receiver without requiring accounts and granted the cost award as prayed. Consequently, the Court Receiver report was disposed of and the petition was dismissed.
Issues considered
- Whether the Court Receiver can be discharged without passing accounts
- Whether costs of Rs.5,000 can be awarded and debited from the suit account
Subjects
- court receiver
- discharge
- costs
- commercial arbitration
- PAAA Agreement
Judgment
Digitally
signed by
MEERA 1/2 907-CRR-50-26.DOC
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2026.02.21
14:35:54
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COURT RECEIVER REPORT NO. 50 OF 2026
IN
COMMERCIAL ARBITRATION PETITION NO. 813 OF 2024
Excel Enterprises Realty LLP ...Petitioner
Versus
Sharmila S Amin And Ors. ...Respondents
-----
st
Ms Nandini Deshpande, 1 Assistant to the Court Receiver, Present.
Ms Sapna Krishnappa for Respondent No.27.
Mr. Amey Tawde i/b SL Partners for Respondent Developer.
-----
CORAM : ARIF S. DOCTOR, J.
DATE : 20th FEBRUARY 2026
P.C.
1 It is not in dispute before me that the PAAA Agreement has been executed
pursuant to the order dated 16th June 2025, whereby the Court Receiver was
appointed for the said purpose. In view thereof, it is prayed that the Court
Receiver be discharged.
2 The Court Receiver Report is accordingly allowed in terms of prayer
clauses (a) and (b) which read thus:
“(a) The Hon'ble Court may discharge the Court Receiver, High Court,
Bombay, without passing accounts, subject to payment of cost, charges and
expenses by the Petitioner;
(b) Cost of this report may please be awarded in the sum of Rs.5,000/-
(Rupees Five Thousand Only) and the same may be allowed to be debited
from amount lying in the suit account;”
Meera Jadhav
2/2 907-CRR-50-26.DOC
3 Court Receiver report is accordingly disposed of.
[ARIF S. DOCTOR, J.]
Meera Jadhav
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