Bombay High Court
Ram And Company And 2 Ors vs Polyvin Industries And 2 Ors And ... on 1 December, 2021
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SHERIFF REPORT NO. 65 OF 2021
WITH
SHERIFF'S REPORT NO. 66 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION NO. 1728 OF 2018
Ram and Company and Ors. ... Applicants
vs.
Polyvin Industries and Ors. ... Respondents
and
Mrs. Parul Kishore Parekh ... Obstructionist
WITH
CHAMBER SUMMONS NO. 1120 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 1728 OF 2018
Ram and Company and Ors. ... Applicants
vs.
Polyvin Industries and Ors. ... Respondents
and
Ms. Aarti Jitendra Ghiya ... Obstructionist
Ms. Megharanjani Chandu i/b. Ms. Priyal Sheth for the Claimants/Decree
Holder.
Ms. Ankita Upadhyay Tiwari i/b. M/s. K. P. Tiwari & Co. for the Respondents.
Mr. K. K. Naik, representative from the Office of Sheriff of Mumbai.
CORAM : A. K. MENON, J.
DATED : 1st DECEMBER, 2021
Digitally
signed by
RAJESHWARI
RAJESHWARI RAMESH
RAMESH PILLAI
PILLAI Date:
2021.12.03
10:37:21
+0530
23-comex-1728-2018-connected matters.odt
rrpillai
P.C. :
Sheriff Report No. 65 of 2021
1. The Sheriff's office has sought further directions in respect of proposal
to sell 50% of the right title and interest of respondent no. 2 in property
situated at Flat no. 402, Sarena Building, C-Wing, 4 th Floor, Shanti Park,
Ghatkopar (East), Mumbai-400 077.
2. An affidavit has been filed in the Chamber Summons No. 1120 of
2019 by Aarti Jitendra Ghiya who claims to be entitled to a share in the
property. The affidavit of the obstructionist is taken on file. The property is
residential flat in Flat no. 402, Sarena Building, C-Wing, 4 th Floor, Shanti
Park, Ghatkopar (East), Mumbai-400 077. The shareholders are Jitendra
Bhogilal Ghiya and deponent of the affidavit. The agreement for sale under
which it was purchased is dated 5 th February, 1985 and it appears that the
document is presently in the custody of the collector of stamps for non
payment of stamp duty.
3. Learned Advocate for the respondents and obstructionists state that
the respondents no. 2 and the deponent are not in a position to pay stamp
duty. She has however produced the original share certificate in court today.
She submits that she has opposed to the proposal of the Sheriff to offer 50% of
the right title and interest for sale. In any event the Sheriff proposes to act
on the request of the judgment creditor / decree holder to offer the premises
for sale and has proposed a schedule for auction sale.
23-comex-1728-2018-connected matters.odt
rrpillai
4. The Valuation Report has been produced from the Panel of Valuers
and is presented in court today and considering the value of the reserved
price is now fixed. I therefore pass the following order :
(i) Sheriff report no. 65 of 2021 is therefore allowed in terms of prayer
clause (a), (b) and (c) incorrectly numbered as (d).
(ii) Proposed schedule for auction is approved.
(ii) Valuation report shall be put back in the sealed cover.
(iii) Sheriff's Report no. 65 of 2021 is disposed.
(iv) In the meantime vakalatnama of M/s. K.P.Tiwari & Associates shall be
filed by 4th December, 2021.
(v) The share certificate is handed over to the representative of the Sheriff
of Mumbai in Court today.
Sheriff's Report No. 66 of 2021.
1. In Report No. 66 the Sheriff seeks a direction in respect of sale of
Commercial property being Office No. 202, 2 nd Floor, Sai heritage Building,
Tilak Road, Ghatkopar (E), Mumbai-400 077.
2. At the request of Advocate for judgment debtor who seeks to file
vakalatnama list on 8th December, 2021 along with Interim Application no.
1814 of 2019.
(A. K. MENON, J.)
23-comex-1728-2018-connected matters.odt
rrpillai
