SUPREME COURT OF INDIA

Before:- V.N. Khare and Shivaraj V. Patil, JJ.

Civil Appeal No. 7201/1997. D/d. 21.03.2001.

Mrs. U C Bhogoankar and Anr. - Appellants

Versus

Y.M. Choudhari and Ors. - Respondents

Constitution of India, Article 136 - Civil Procedure Code, 1908, Order 40 Rule 1 - Receiver - Appeal against order directing appointment of receiver - High Court directing appointment of receiver - While issuing notice on SLP, Supreme Court granted an interim order for maintenance of status quo - Interim order continued in operation for nearly four years - Held, there is no need to disturb the same during pendency of appeal before the High Court - Parties may request the High Court for early hearing.

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ORDER

V.N. Khare, J. - This appeal is directed against the Order dated 5th May, 1997 passed by the High Court at Bombay whereby it directed for appointment of a Receiver.

2. This Court, while issuing notice on the special leave petition, granted an interim order for maintenance of the status quo. This order has continued in operation for nearly four years and, as such, we would not like to disturb the order during pendency of the appeal before the High Court and, therefore, it would continue to be in force during pendency of the appeal before the High Court.

3. What is required in the present case is that the parties may approach the High Court for early disposal of the appeal. We dispose of the appeal in the aforesaid terms. We may clarify that by maintaining the order dated 09.07.1997, we have not expressed any opinion on the merits of the case and this order will not come in the way of the High Court while deciding the appeal on merits.

4. Further, this order shall be without any prejudice to rights and contentions of the parties before the High Court.

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