Bombay High Court
Parasram H Bhojwani vs Pravinchand Sehgal And Ors on 5 May, 2021
Bench: R. I. Chagla
3-IAL-10779-21.doc
JSN,
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 10779 OF 2021
IN
COMM. EXECUTION APPLICATION NO. 565 OF 2019
Parasram H. Bhojwani ...Petitioner
Versus
Pravinchand Sehgal & Ors. ...Respondents
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S.C. Naidu, Aniketh Poojari and Sudeshkumar Naidu i/b. M/s.
C.R. Naidu & Co. for the Applicant.
Mr. Vaibhav Charalwar and Mr. Sudeshna Guha Roy with
Pritvish Shetty i/b. Vidhi Partners for the Judgment Debtor
Nos.1 and 3.
Mrs. Kanchan Rane, 1st Assistant to Court Receiver is present.
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CORAM : R.I. CHAGLA J.
DATE : 5th May, 2021
(V.C.)
ORDER :
1. Heard the learned Counsel for parties.
2. By this Interim Application the Applicant seeks
reimbursement of a sum of Rs.4,30,963/- being the expenditure
incurred by the Applicant on orders / directions of this Court /
Court Receiver in respect of the sale of the subject premises by
pubic auction in execution of the decree. The Applicant has
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relied upon the table which is in paragraph 18 on page 7 of the
Interim Application in this context. The Applicant has also
sought for the appropriate fees due and payable to the Court
Receiver to be paid in terms of Rule 591 (4) of High Court
Original Side Rules and after reimbursement and
appropriation, the net sale proceeds paid over to the Applicant
towards part satisfaction of the decretal amount.
3. The learned Counsel for the Applicant has referred to the
order dated 18th March, 2021 passed by the learned Single
Judge (Coram :- A.K. Menon, J.) which had accepted the report
of the Court Receiver and fnal price which is arrived at sale in
respect of subject premises being Rs.85,00,000/-. It was further
recorded therein that the bidder Mr. Sunil Parakh is declared
successful bidder. The bidder was directed to pay the difference
within a period of two weeks after giving credit to the amount
of earnest money deposited in a sum of Rs.10 lakhs as recorded
in paragraph 5 of the report of the Court Receiver. Further
directions have been issued in the said order with regard to
payment of costs, charges and execution of the conveyance or
transfer in favour of the bidder as also stamp duty and
registration charges at ad-valorem rates. Subject to the
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aforesaid directions the bidder was to pay expenses of the
society maintenance charges, property taxes and all levies. The
report of the Court Receiver had been allowed on the terms
recorded in the paragraph 6 of the said order.
4. The learned Counsel for the Applicant has submitted that
pursuant to the said order the amount of Rs.75 lakhs has been
paid by the bidder on 5th April, 2021 and possession of the
subject premises was taken on 22nd April,2021. He has relied
on Rule 591 and serial number 4 thereof and has stated that
the amount of Rs.93,000/- are the fees payable to the Court
Receiver. He has also submitted that in the table at paragraph
18 of the Application the only amount which is disputed is the
reimbursement of security charges of suit premises amounting
to Rs.3,01,200/-. He submits that this amount, in view of the
objection raised by the Respondent / Defendant No.3, be kept
with the Court Receiver, pending further hearing. He has
submitted that the balance amount of Rs.79,76,037/- be
released to the Applicant in terms of Order XXI Rule 1 of the
CPC, 1908.
5. The learned Counsel for the Respondent has relied upon
the Affdavit in Reply on behalf of Defendant No.3 dated 4th
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May, 2021. He has submitted that objections have been raised
as to the reimbursement of security charges to the Applicant.
He has placed reliance upon paragraph 4 of the order dated
18th March, 2021, wherein it is recorded that the judgment
creditor has been paying security charges and in any event the
judgment creditor is bound to discharge all security costs. He
has submitted that the sum of Rs. 3,01,200/- thus cannot be
reimbursed to the Applicant. He has further submitted that the
payment of security charges is made in cash as can be seen
from the ledger account which has been annexed to the
Application at Exhibit 'A' - page 9. He has submitted that
security charges is claimed to be paid in cash to Goldie Lab
Chem. He has submitted that since security guards are already
in the building there can be no such payment of security
charges.
6. The Court Receiver who is present in Court has applied
for time to prepare a provisional statement as to the expenses
incurred as well as the balance amount which is payable to the
Applicant. She has relied upon the amendment to Rule 591 and
592 of the Bombay High Court, Original Side Rules, 1980 with
effect from 5th March, 2021 in the charges / fees of the Court
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Receiver. She has submitted that subject to the provisional
statement prepared by the Court Receiver, the balance amount
can be paid to the Applicant.
7. Having considered the submissions, time of one week is
granted to the Court Receiver for preparation of the provisional
statement of expenses including fees of the Court Receiver. It is
further noted that the reimbursement of security charges of
the Suit premises which the applicant has claimed as
Rs.3,01,200/- is vehemently opposed by the Respondents. An
Affdavit in Reply of Defendant No.3 dated 4th May, 2021 has
also been fled wherein such objection has been raised to the
reimbursement of security charges. Considering that the
objection has been raised by the Judgment Debtor /
Respondents and upon perusing the Affdavit in Reply of
Defendant No.3, it would be appropriate that the
reimbursement of sum of Rs.3,01,200/- be kept with the Court
Receiver. The objections to such reimbursement shall be taken
up on the adjourned date. Hence the following order:-
(i) The Court Receiver shall fle the provisional
statement within one week from the date of this Order.
(ii) The sum of Rs.3,01,200/- as claimed by the
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Applicant which is for reimbursement of security
charges of the suit premises, be kept with the Court
Receiver.
(iii) The net sale proceeds which remains after the
provisional statement has been fled by the Court
Receiver for such expenses incurred towards sale of
the suit premises by pubic auction as well as the fees of
the Court Receiver shall be paid over to the Applicant
towards part satisfaction of the decreetal amount. The
net sale proceeds shall be paid by the Court Receiver
to the Applicant within a period of two week from fling
the provisional statement.
(iv) The Interim Application is kept on 14th June,
2021 for considering the objection of the Judgment
Debtor / Respondents to the reimbursement of
security charges for the Suit premises.
(v) The Applicant is permitted to fle Affdavit in
Rejoinder to the Affdavit in Reply fled on behalf of
Defendant No.3 on or before 27th May, 2021.
(vii) Stand over to 14th June, 2021.
[R.I. CHAGLA J.]
