Court Can Appointment a Partner as Court Receiver to Supervise Redevelopment

Judgment dated 27.10.2026  of the Division Bench of the High Court of Bombay in Commercial Appeal from Order No.21 of 2026 of Akshay Sanjay Dhumal Vs.  Kiyaara Buildcon, a Partnership Firm and others with Interim Application No.6248 of 2026

Court Can Appoint A Partner of Developer as Court Receiver to supervise Redevelopment of the Housing Society

Court Receiver to Supervise Redevelopment of Housing Society – Dispute of Partners of Developer

The appellant was admitted as partnership firm respondent no.1 on 24.9.2021 with 33% share.  The said partnership had development agreement with the housing society for 47 flats including 18 for society members.  In 2024, on account of the disputes, the appellant gave legal notice, dissolving the firm and sought rendition of accounts from respondent no.2.  Thereafter, the appellant filed the suit.

This Appeal is directed against the Judgment and Order dated 14th July Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.10.28 12:23:45 +0530 2026, passed by the learned District Judge-1, Pune, in Commercial Suit No. 34 of 2025 (‘the impugned order’) filed under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII Rule 1(r) and (s) of the Code of Civil Procedure, 1908 (‘CPC’), whereby the Respondent No.2 (Orig. Defendant No.2) herein has been appointed as a Court Receiver under the provisions of Order 40 Rule 1 of the CPC, to oversee the management and complete the development and construction activity of the redevelopment project of one Radha Anand Housing Society and to transfer the unsold units in the project on terms and conditions as stipulated in the said order.