Heena Builders And Developers And ... vs Jigna Mahesh Thaker And Anr
2021 Latest Caselaw 8757 Bom

                                                                  1-ial13535-21.doc

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION


            INTERIM APPLICATION (LODGING) NO.13535 OF 2021
                                  IN
                  APPEAL (LODGING NO.13531 OF 2021


      Heena Builders & Developers & Ors.                ...Appellants
            V/s.
      Jigna M. Thaker & Anr.                            ...Respondents


      Mr.Pankaj Pandey with Mr.Smit Nagda for the Appellants.

      Mr.Aniruddha Joshi with Ms.Gauri Mestha i/b L.J. Law for the
      Respondent No.1 / Judgment Creditor.

      Mr.D.N. Kher, Court Receiver, High Court present.

      Mr.Mihir Deepak Shah - Respondent No.3 present.

                                        CORAM : R.D. DHANUKA &
                                                 V.G. BISHT, JJ.

DATE : 3RD JULY, 2021.

P.C. :- (THROUGH VIDEO CONFERENCE)

1. The matter is placed on board for directions on the

praecipe filed by the learned counsel for the appellants for seeking

extension of time to remove the furniture, fixtures, articles and

belongings in the residential flat in question. Learned counsel for the

appellants states that since the appellants could not get any alternate

accommodation, the appellants could not shift all such furniture,

fixtures, articles and belongings from the flat in question. On

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instruction, he seeks two weeks time to take instructions from his

clients and states that within such period all such furniture, fixtures,

articles and belongings would be removed from the flat in question.

Statement made by the learned counsel is accepted as an

undertaking to Court.

2. In view of the statement made by the learned counsel for

the appellants on instructions, the Court Receiver to remove all such

furniture, fixtures, articles and belongings of the appellants if not

removed by the appellants within two weeks from today at the risks

and costs of the appellants.

3. Learned counsel for the appellants on instructions states

that costs of Rs.50,000/- awarded by this Court in the order dated

24th June, 2021 would be paid to the respondent no.1 by 5 th July,

2021. Statement made by the learned counsel for the appellants is

accepted as and by way of undertaking to this Court.

4. Mr.Kher, learned Court Receiver, who is present online

states that possession of all properties including the flat in question is

already taken by the Court Receiver. However some furniture,

fixtures, articles and belongings of the appellants are still lying on

the properties. The appellants to remove all such furniture, fixtures,

articles and belongings also if lying in the other properties which are

now possessed by the Court Receiver within two weeks from today,

1-ial13535-21.doc

failing which the Court Receiver to remove all such furniture, fixtures,

articles and belongings to the appellants at the risks and costs of the

appellants. In that event, the appellants to make arrangement to shift

all such furniture, fixtures, articles and belongings from those

premises at their own costs immediately.

5. The order dated 24th June, 2021 stands modified in

aforesaid terms.

6. All parties as well as the Court Receiver to act on the

authenticated copy of this order duly authenticated by the Associate

of this Court.

(V.G. BISHT, J.)                                 (R.D. DHANUKA, J.)