Bombay High Court
Jigna Mahesh Thaker vs Heena Builders And Developers And ... on 7 May, 2021
Bench: R. I. Chagla
5-jol-6763-2021.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
JUDGES ORDER (L) NO.6763 OF 2021
IN
EXECUTION APPLICATION (L) NO.729 OF 2020
Jigna Mahesh Thaker ...Applicant
In the matter between
Jigna Mahesh Thaker ...Judgment
Creditor
Versus
Heena Builders and Developers & Ors. ...Respondents
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Mr. Sanjay Jain with Gauri Mestha i/b. L.J. Law for Applicant /
Judgment Creditor.
Mrs. Rekha Rane, 2nd Assistant to Court Receiver.
Mr. Rohaan Cama with Mr. Shanay Shah i/b. Sapana Raichure
for Plaintiffs in Suit No.1242 of 2018.
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CORAM : R.I. CHAGLA J.
DATE : 7TH MAY, 2021.
(V.C.)
ORDER :
1. Heard learned Counsel for parties.
2. The Judges Order has been taken out for an order for the
Court Receiver to take forcible physical possession in respect of
the subject properties with necessary police assistance being
5-jol-6763-2021.doc
given by the Senior Inspector of Police of the concerned police
station.
3. The learned Counsel appearing for the Applicant in the
Judges Order has referred to an order dated 11th October, 2018
passed by the learned Judge of this Court (Coram :- S.J.
Kathawalla, J) by which the Court Receiver was appointed as
Receiver in respect of the subject properties. It was recorded
that the Court Receiver shall take physical possession of the
subject properties and submit his report to this Court on 25th
October, 2018. The said order dated 11th October, 2018 was
passed in Notice of Motion (L) No.2192 of 2018 in Suit (L)
No.1242 of 2018. Symbolic possession has thereafter been
taken by the Court Receiver. Reliance has been placed on the
order of this Court dated 24th September, 2020 (Coram :- A.K.
Menon, J.), which was passed in Interim Application No.2854
of 2020 in Suit (L) No.2848 of 2020. This Court recorded that
sale to be proceeded with by the Court Receiver of the subject
properties in pursuance of the order dated 2nd November, 2018
read with order dated 16th October, 2018. The Court Receiver
has attempted to take physical possession of the subject
properties. However, physical possession of the subject
5-jol-6763-2021.doc
properties could not be taken. Accordingly, the Applicant has
taken out this Judges Order for forcible possession to be taken
of the subject properties.
4. The Court Receiver is present and applies for time to put
in a Report as to why physical possession of the subject
properties could not be taken pursuant to the orders passed by
this Court.
5. Considering that the Court Receiver has sought time to
file a report epplaining as to why the physical possession has
not yet been taken, pursuant to the said orders of this Court,
time is granted to the Court Receiver to file such Report. The
Court Receiver shall file her Report on or before 18th May,
2021.
6. The Applicant is permitted to take out an Interim
Application in place of the Judges Order wherein appropriate
direction can be sought for the Court Receiver to take forcible
physical possession of the subject properties. The Interim
Application shall be taken out within a period of two weeks
from the date of this Order.
5-jol-6763-2021.doc
7. The Judges Order is accordingly disposed of with liberty
to the Applicant to take out Interim Application in the
Epecution Application (L) No.729 of 2020. Liberty is further
granted to the Applicant to move the vacation Court for relief
sought for in Interim Application as and when filed.
[R.I. CHAGLA J.]
