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TMI Blog2023 (11) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... ught to have relegated the first respondent to the statutory remedy while possibly granting a limited protection. A statutory remedy was available to the first respondent before the concerned Court in Bihar. If the High Courts start entertaining Article 226 petitions for challenging the orders passed by the Civil Courts in other states, it will lead to a chaotic situation. Therefore, there are no manner of doubt that the impugned order will have to be set aside. Also, the appellant has indulged in the suppression of material facts while persuading the Trial Court to pass a drastic order for appointing a Court Receiver. There is another feature of the case. In the written statement filed by the defendants in the suit filed by the appellant, an issue of maintainability was raised. The order of the Trial Court noted that the first respondent had mortgaged the properties. The Trial Court did not pay attention to the issue of maintainability as well as the issue of territorial jurisdiction. An order appointing a Court Receiver has very drastic consequences. As noted earlier, such a drastic order was casually passed by the Civil Court. The impugned order dated 27th September 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court Receiver has taken possession 1. Ambernath Plot No. E 47: Plot No. E47 situated at additional Ambernath Industrial Area, MIDC, Jambivali, Ambernath (E), Ulhasnagar, District - Thane. 24.10.2018 @Pg. 155- 156 Physical Possession taken: 20.09.2022 @Pg. 171-195 Yes, pursuant to Siwan Court's Order dated 24.01.2023 2. Ambernath Plot No. D36: Plot No. D36, additional Ambernath Industrial Area, MIDC, Jambivali, Ambernath (E), Ulhasnagar, District Thane. 24.10.2018 @ Pg. 155- 156 Physical Possession taken: 20.09.2022 @Pg. 171-195 Yes, pursuant to Siwan Court's Order dated 24.01.2023 3. Ambernath Plot No. D 42: Plot No. D42 situated at additional Ambernath Industrial Area, MIDC, Jambivali, Ambernath (E), Ulhasnagar, District - Thane. 24.10.2018 Physical @Pg. 155- 156 Possession pending Physical Possession Notice sent: 02.08.2022 @Pg. 170. Yes, pursuant to Siwan Court's Order dated 24.01.2023 4. Andheri Flat N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not have been passed. 7. There is one more serious aspect of the case. The appellant cannot plead ignorance about the proceedings initiated by the first respondent. A written statement was filed in the said suit by the first defendant (second respondent) therein in which there is a specific averment in paragraph 12 that litigations and disputes were pending in the Debts Recovery Tribunal and in the Courts of the Chief Metropolitan Magistrate, Mumbai and Thane regarding the schedule properties. Paragraph 12 also records that the defendants were liable to pay amounts to the first respondent bank and it was stated that they would do so. Thus, the appellant cannot plead ignorance about the knowledge of the pending proceedings initiated by the first respondent Bank. Notwithstanding the knowledge of the said proceedings, the appellant pressed for the appointment of Court Receiver and on 24th January, 2023 the Receiver was appointed with a direction to take possession of the aforesaid five properties. 8. At this stage, the learned counsel appearing for the appellant submits that in paragraph 12 of the Written Statement, the details of the proceedings were not set out. It was the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e issue of territorial jurisdiction. An order appointing a Court Receiver has very drastic consequences. As noted earlier, such a drastic order was casually passed by the Civil Court. 11. The learned senior counsel appearing for the first respondent stated that in terms of the impugned order, the possession of the properties at serial Nos. 1 and 2 has been handed over to the said respondent by the Court Receiver and the status quo ante has been restored as regards the properties at serial Nos. 3, 4 and 5. 12. Therefore, we propose to dispose of this appeal by directing that the order dated 24th January 2023 of the Civil Court shall not be acted upon to enable the first respondent to adopt appropriate remedies. We also make it clear that the status quo as obtaining in respect of the above five properties immediately before the Civil Court passed the order dated 24th January 2023 shall be maintained. 13. The learned counsel appearing for the appellant at this stage agrees that the appellant will implead the first respondent as party defendant No.5 to the suit. 14. Hence, we dispose of the appeal by passing the following order: (a) We set aside the impugned order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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