Bombay High Court
Bhupendra Jethmal Kakka And 3 Ors vs Nikunj Enterprises And 4 Ors on 16 August, 2017
Bench: Naresh H. Patil
7.956.16 scn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SHOW CAUSE NOTICE NO. 956 OF 2016
IN
APPEAL NO. 118 OF 2015
WITH
NOTICE OF MOTION (APPEAL) No. 1205 OF 2017
IN
SHOW CAUSE NOTICE NO. 956 OF 2016
WITH
APPEAL NO. 118 OF 2015
IN
NOTICE OF MOTION (SUIT) NO. 498 OF 2013
Bhupendra Jethmal Kakka and Ors .... Applicants/Appellants
Vs.
Mikunj Enterprises and Ors .... Respondents
Mr. Deepak Lulia for the Applicants
Ms. Sanjukta Dey i/b Hitesh Dabhi for Respondent nos. 1 to 3
Dr. M. S. Deshpande, Court Receiver present.
CORAM : NARESH H. PATIL &
Z. A. HAQ, JJ.
DATE : 16th AUGUST 2017.
P.C.
1 We have perused the order passed on 20/10/2015 by the Division Bench
of this Court directing respondent nos. 1 to 3 to deposit Rs. 1,30,00,000/- within
4 weeks. Appellants were permitted to withdraw the said amount on furnishing
security. Date of order is 20/10/2015 and since last two years, on number of
times, matter was heard and adjourned. The Hon'ble Apex Court by an order
dated 07/12/2015 passed following order:
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7.956.16 scn
"Upon hearing the counsel the Court made the following
ORDER
Learned senior counsel appearing for the petitioners
submits that the matter is listed before the High Court on 15 th
December, 2015, and seeks permission to withdraw the special
leave petitions.
Permission granted.
The special leave petitions are, accordingly dismissed as
withdrawn."
2 Respondents applied for modification of the order 20/10/2015. By an
order dated 05/02/2016, request for modification of order was declined by the
Division Bench of this court. It is submitted that Special Leave Petition was
again preferred by the respondents. The Hon'ble Apex Court has passed
following order on 30/6/2016:
"Upon hearing the counsel the Court made the following
ORDER
Taken on Board.
The learned counsel appearing on behalf of the petitioners seek
permission to withdraw the special leave petitions so as to
approach the High Court. He submits that the petitioners have
made some arrangement for making further payment and the
petitioners would like to state the said fact to the High Court.
If in fact more amount is actually deposited / paid, we are
sure that the High Court may reconsider the case upon knowing
the facts.
Permission is granted.
The special leave petitions are, accordingly, disposed of as
withdrawn."
3 So far Appellants have deposited Rs. 85,00,000/- out of which
Rs. 60,00,000/- has been withdrawn. Rs. 23,00,000/- is said to be lying with the
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Registry of this Court.
4 Counsel appearing for the respondents, on instructions from parties who
are present in the court, submits that within 2-3 months, remaining amount will
be deposited in this Court. The counsel appearing for the appellants submits
that in the similar way, the matter has been dragged. The Court Receiver has
already taken symbolic possession of three flats i.e. 1401, 1402 and B-11 as
described in the order passed on 31/07/2017. The dispute is in respect of
purchase of flat by the appellants from respondents towards part consideration
of amount of Rs. 1,14,00,000/- which was already paid.
5 We find that no useful purpose would be served by adjourning the matter.
We therefore direct the respondent nos.1 to 3 to deposit remaining amount of
Rs.45,00,000/- within 4 weeks from today.
6 The counsel appearing for the respondents, on instructions, submits that
out of 3 flats, flat nos. B-11 and 1402 were mortgaged with banks. The Court
Receiver shall take physical possession of Flat nos. 1401 and 1402 forthwith.
7 Respondents to co-operate with the Court Receiver and remain present on
site on giving intimation. Respondents to remain present in the Court on the
next date.
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8 Court Receiver to take steps and submit the report.
9 Stand over to 13/09/2017.
[Z. A. HAQ, J.] [NARESH H. PATIL, J.]
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