M/S. Mahendra Builders Pvt. Ltd. ... vs Smt. Padmabai W/O Ranchhodda V. ...
2021 Latest Caselaw 14695 Bom

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

                       EXECUTION APPLICATION NO.99 OF 2011
                                          IN
                           CHAMBER SUMMONS NO.299 OF 2002
                                          IN
                                 SUIT NO.2824 OF 1985

Mahendra Builders Pvt. Ltd. and Ors.                        .. Applicants
                     Vs.
Padmabai Ranchhodda V. Uka and Ors.                         .. Respondents


Mr. Yatin Shah, with Mr. Shahzad Khojatia, for the Applicants.

Mr. Priyank Daga, i/by Jayakar and Partners, for Respondent No.10.

Dr. Veerendra Tulzapurkar, Sr. Advocate, with Mr. Sandeep Parikh,
Mr. Prakash Shah and Mr. Durgaprasad Poojari, i/by PDS Legal, for
Respondent No.16 in EXA/99/2011 and EXA/241/2011 as also Applicant in
CHS/334/2019.


                                           CORAM : A. K. MENON, J.

                                           DATE    : 7TH OCTOBER, 2021.

P.C. :

1. Pursuant to order passed on 6th instant, Mr. Shah has today produced

original Power of Attorney dated 23 rd January 1992 executed by Rajesh

Kumar Milapchand Jogani empowering defendant no.4, his father, to execute

documents in order to arrive at a compromise.

2. Today, Dr. Tulzapurkar has also produced a copy of the Sanctioned

Plan of the proposed building demarcating three flats, which he seeks to offer

16-EXA-99-2011.doc Dixit as a security and in the spirit of the order passed by the Supreme Court on

21st July 2018. He submits that the Ready Reckoner value of these three flats is

collectively about Rs.17 crores and that this would sufficiently safeguard the

interest of the judgment-creditors and will ensure that respondent no.16

completes construction in right earnest. He further submits that respondent

no.16 has already invested more than Rs.96 crores, as recorded in the

affidavit dated 3rd September 2021 and which statement is not disputed.

3. At this stage, Mr. Shah seeks some time to obtain instructions.

Accordingly, stand over to 13th October 2021.

(A.K. MENON, J.)

16-EXA-99-2011.doc Digitally signed SNEHA by SNEHA ABHAY DIXIT ABHAY Dixit Date:

DIXIT 2021.10.08 18:12:25 +0530