Kalpataru Properties Pvt. Ltd vs Official Liquidator, Bombay High ...
2021 Latest Caselaw 5949 Bom

                                                        2.ia.243.2021.odt

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          ORDINARY ORIGINAL CIVIL JURISDICTION
               IN ITS COMMERCIAL DIVISION
                  INTERIM APPLICATION NO. 243 OF 2021
                                  IN
               COMM. EXECUTION APPLICATION NO. 134 OF 2017


      Kalpataru Properties Pvt. Ltd.               ... Applicant
           Vs
      The Offcial Liquidator                       ... Judg.Debtors/
                                                     Respondent


      Mr. Mustafa Doctor Sr. Counsel a/w Gautam Ankhad, Namrata
      Shah, Kyrus Modi, Shamant Satiya, Nidhi Malhotra and Pravin
      Dhage i/b Rashmikant and Partners for the Applicant.

      Zubin Behram Kamdin a/w Nikhil Patil and Rajul Khandare i/b
      Raman Misra for the Applicant in I.A.No.3622 of 2021

      Aseem Naphade a/w Chaitra Rao for the applicant in IAL. No.
      5443 of 2021

      Darshit Jain a/w Mr. Samsher Garud and Juhi Valia i/b Jaykar &
      Partners for the applicant in IAL. No.5199 of 2021 and for
      Respondent No.1 in IA No.243 of 2021 and IAL. No.3622 of 2021.

      Aditi Hambarde i/b Haresh Mehta and Co. for Respondent No.2.
      Ashish Kamat i/b Abhishek Adke for Respondent No.3.
      Dr. Birendra Saraf, Sr. Counsel a/w Saloni Sulakhe i/b Dhaval
      Vussonji and Associates for Honest Shelters Pvt. Ltd.
      Yamuna Parekh for Respondent MCGM
      Mr. Shatrughna Chauhan, Deputy Offcial Liquidator, Mumbai is
      present.
      Ms. Rekha Rane 2nd Asstt. To Court Receiver a/w H.R.Patel,
      Master, Admn is present.



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                                                              2.ia.243.2021.odt

                                   CORAM : B. P. COLABAWALLA, J.

DATE : 1st APRIL, 2021

P.C. :

1 In this matter, several orders have been passed (starting

from 13th April, 2018 till 17th December, 2020) for protection of the

suit property and which is the subject matter of the above Execution

Application. An IRP has also been appointed of the Judgment Debtor

company, namely, Shri Ram Urban Infrastructure Ltd. (for short

"RUIL"). Prior to the appointment of the IRP, the Offcial Liquidator

of this Court was appointed as the Provisional Liquidator of RUIL

vide orders dated 5th October, 2016, 22nd March, 2017 and 24th

August, 2017.

2 Since the IRP was appointed and wanted to take over all

the assets of RUIL, in the winding up proceedings that were initiated

against RUIL, this Court, vide its order dated 28 th November, 2019

inter alia directed that since huge amounts have already been

expended by the Offcial Liquidator (on behalf of the RUIL) out of the

common pool account, till such time these amounts are deposited by

the IRP with the Offce of the Offcial Liquidator, the assets of RUIL

cannot be handed over to the IRP. The Offcial Liquidator was

2.ia.243.2021.odt

accordingly directed to hand over the assets of RUIL to the IRP

within a period of two weeks from the date of receipt of such

payments.

3 Admittedly, the assets of RUIL including the suit

property and which is the subject matter of the present Execution

Application, are still in the possession of the Offcial Liquidator. This

is for the simple reason that the IRP has still not paid the amounts to

the Offcial Liquidator as directed in the order dated 28.11.2019.

4 As mentioned earlier, several orders have been passed

directing the Offcial Liquidator to protect the suit property and

which have been duly complied with. The additional protection that

is now sought is for installation of CCTV cameras on the suit

property and an electricity connection to ensure proper functioning

of the CCTV cameras. In this regard, it was brought to my attention

that the Offcial Liquidator had held a meeting on 2nd February, 2021

with the representative of the applicant and their advocates along

with representatives of one Flag Security Service(for short "Flag").

It was agreed by Flag that they will install CCTV cameras at their

costs. In the said meeting a request was also made for a separate

2.ia.243.2021.odt

electricity connection in the name of the Offcial Liquidator inter alia

for ensuring the proper functioning of the CCTV cameras. It is in this

light that the additional protection is sought today. I am informed

that the CCTV cameras are already installed and only the electricity

connection is required.

5 Considering the aforesaid facts, and after hearing

learned counsel for all parties, it is directed that the Offcial

Liquidator shall apply for a separate electricity connection in the

name of the Offcial Liquidator in relation to the suit property. It is

needless to clarify that the electricity bill (for this connection) shall

be paid by the applicant herein.

6 It is further clarifed that this order is passed only

because the suit property is still in the custody of the Offcial

Liquidator and no party shall be entitled to claim any equity because

of the order passed today. This order is passed without prejudice to

the rights and contentions of all the parties including the IRP who is

respondent No.3 in this application.

7                 Stand over to 15th June, 2021.






                                                        2.ia.243.2021.odt



8                 This order shall be digitally signed by the Private

Secretory /Personal Assistant and Associates of this Court. All

concerned shall act on production by fax or e-mail of a digitally

signed copy of this order.

(B. P. COLABAWALLA, J. )