Manish K. Ajmera And Anr vs Ketan T. Shah And Anr
2021 Latest Caselaw 9729 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    ORDINARY ORIGINAL CIVIL JURISDICTION

                     INTERIM APPLICATION NO. 467 OF 2021
                                     WITH
                       CHAMBER SUMMONS NO.79 OF 2019
                                     WITH
                       CHAMBER SUMMONS NO. 3 OF 2019
                                      IN
                  COMMERCIAL EXECUTION NO.1729 OF 2018


Manish K. Ajmera & Anr                                . .. Applicants /Claimants
         vs
Ketan T. Shah                                         ... Judgment Debtor
     and
Vijay Kamal Properties Pvt. Ltd.                      ... Respondent

Mr. Sanjay Jain and Mr. Anosh Sequiera a/w. Mr. Naresh Chheda and Ms.
Sakina Electricwala i/b. Taurus Legal for the Applicants.

Mr. Rajiv Narula a/w. Mr. Advait Raorane i/b. M/s. Jhangiani, Narula &
Associates for the respondent nos.1 & 2.
                                           CORAM : A. K. MENON, J.

DATED : 26th JULY, 2021.

[THROUGH VIDEO CONFERENCE] P.C. :

1. Called for ad-interim relief. In pursuance of the consent award the

applicant is entitled to a constructed area of 39,951 sq.ft. Clause 12 of the

consent terms identifies this area in terms of 79 flats situated at Building No.1

Gaurav Discovery Wing "C" and Building No. 1 Gaurav Discovery Wing

"D". There are total of 79 flats.

12-IA-467-2021-COMEX-1729-2018.odt rrpillai

2. Mr. Jain on behalf of the applicant has sought appointment of the

Court Receiver in terms of prayer clause (a-1). Being a consent award there

is no dispute on the award itself and therefore of the entitlement of the

applicant to these 79 flats. An ad-interim injunction in terms of prayer clause

(c) already operates. Mr. Narula seeks dilution of that injunction. However

no reply has been filed as on date. He therefore seeks time to file reply.

3. In the meantime Mr. Narula states that if the injunction is diluted the

respondents could progress with work at site. He does not want the Receiver

to be appointed. However considering the fact that there is consent award it

is not possible to accept contention of Mr. Narula. Although injunction

operates certain flats are believed to have been already sold allegedly with

consent of the applicant and in respect of these flat Mr. Jain states that he has

filed two Chamber Summons being Chamber Summons no. 79 of 2019 and 3

of 2021. Both Chamber Summons seeks to proceed against flat nos. 304/D,

403/D, 404/D, 603/D, 701/D and 904/D. The Chamber Summons are yet to

be heard . The respondents in the Chamber Summons are not represented

today and hence Mr. Jain fairly states that any orders that may be passed may

exclude these flats for the time being and till those respondents are heard.

4. In view of the fact that the award is by consent of parties there can be

no doubt that these flats must go to the applicants subject to hearing the

respondent in the Chamber Summons in relation to the flats claimed by

12-IA-467-2021-COMEX-1729-2018.odt rrpillai them. At this ad-interim stage it is my view that the Court Receiver, High

Court, Bombay must be appointed of all but six flats described in the

Chambers Summons. Accordingly, I pass the following order :

(i) The Court Receiver, High Court Bombay is appointed Receiver in terms

of prayer clause (a-1) of 73 flats listed in Exhibit "B-1" but excluding flat nos.

304/D, 403/D, 404/D, 603/D, 701/D and 904/D. Since the flats are yet to be

constructed the Court Receiver shall proceed to act in accordance with

Clause (a-1)(i). As far as remaining activities such as carrying out the

construction and possession are concerned this will be considered at the

appropriate stage.

(ii) It is made absolute in terms of prayer clause (b). Respondents to

comply within one week.

(iii) In the meantime Receiver shall issue a public notice at the cost of the

applicant intimating all concerned of this order and the appointment of the

Receiver in relation to these flats. Appointment of Receiver shall also be

publicized on site including at the site office. Respondent shall ensure that the

publicity marked in relation to the property shall disclose appointment of the

Receiver in relation to the 73 flats in question.

(iv) Court Receiver to call a meeting to approve the draft public notice on

31st July, 2021. Draft shall be settled on 31 st July, 2021. In the event of non-

cooperation from either side the Receiver shall promptly move the Court for

directions.

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(v) Receiver may call upon the applicant to deposit the said sums with the

Receiver. Deposit also to be made by 2nd August, 2021.

(vi) Affidavit in reply to the interim application to be filed on or before

6th August, 2021.

(vii) Rejoinder, if any, to be filed on or before 20 th August, 2021.

(viii) Liberty to apply after filing of the rejoinder.

(A. K. MENON, J.)

Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date:

2021.07.27 14:28:18 +0530

12-IA-467-2021-COMEX-1729-2018.odt rrpillai