Bhagwan Thadhani @ Bhagwan ... vs Tridhaatu Asset Holding Llp And ...
2021 Latest Caselaw 15165 Bom

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             ORDINARY ORIGINAL CIVIL JURISDICTION
                                          INTERIM APPLICATION (L) NO. 22694 OF 2021
                                                                  IN
                                       COMMERCIAL EXECUTION (L) NO. 22692 OF 2021
                                                                  IN
                                          COMMERCIAL SUMMARY SUIT NO. 4 OF 2020


                       Bhagwan Thadani                              ...     Applicant/Judg.Creditor
                                vs.
                       Tridhaatu Asset Holding LLP & Anr.           ...    Respondents/Judg.Debtors


                       Dr. Birendra Saraf, Senior Advocate a/w. Mr. Vaibhav Charalwar, Mr.
                       Murtuza Federal and Mr. Sougat Patil i/b. M/s. Federal & Company FOR THE
                       Applicant / Judgment Creditor.
                       Mr. Saket Mone a/w. Mr. Shrey Shah i/b. Vidhii Partners for the Respondents/
                       Judgment Debtors.
                       Ms. Yamuna Parekh for MCGM on notice.
                       Ms. Rekha Rane,            2nd Assistant to the Court Receiver a/w. S. C.    Dond
                       representative of the Court Receiver.


                                                                    CORAM : A. K. MENON, J.

DATED : 21st OCTOBER, 2021

P.C. :

1. Pursuant to orders passed in terms of consent terms on 9 th December,

2019 it appears that in breach of those terms the respondents have agreed to

sell two flats bearing nos. 901 and 902 of 4 BHK and 5 BHK admeasuring

2330.73 sq.ft and 2677.54 sq.ft including balconies to third parties. When RAJESHWARI RAMESH the Receiver sought to take possession of these flats the respondents declined PILLAI Digitally signed by

RAJESHWARI RAMESH PILLAI Date: 2021.10.22 17:31:28 +0530 27-IAL-22694-2021-COMEXL-22692-2021.odt rrpillai to handover possession stating that flat nos. 901 and 902 are to be sold to new

purchasers and they will offer alternative flats on 29 th and 30th floors to the

plaintiff.

2. The plaintiff have therefore brought to the attention of the Court today

that these flats were said to have been unsold when the consent terms were

filed and despite that after the consent terms were filed these two flats have

been agreed to be sold on or about 29 th December, 2020 by entering into two

separate agreements for sale. Copies of the Index II extracts have been

produced which prima facie evidence execution of Agreements to Sell with

two individuals. The flats are said to be large and appear to be adjoining

flats.

3. In view of the obvious breach, learned counsel for the respondents

today submits that the respondents will ensure that these two agreements are

cancelled on or before 27th October, 2021 and that deeds of cancellation are

executed and registered by them. He submits that Receiver may thereafter

take possession of these flats. In addition it is stated that Flat no. 801, 802,

3001 and 3002 will also be subjected to the custody of the Court Receiver and

that respondent will hand over possession of these flats also to the Receiver.

These flats though constructed they appear to be base. Windows and doors

have not been fixed. Save and except for internal construction all other

aspects remain incomplete.

27-IAL-22694-2021-COMEXL-22692-2021.odt rrpillai

4. In the meantime it is pointed out that every 5 BHK is entitled to be

alloted three car parking spaces in basement no. 1 and every 4 BHK is entitled

to two parking spaces and accordingly a total of 15 car parking spaces shall

also be identified and handed over to the Receiver.

5. On a query from the Court as to whether these flats are encumbered,

Mr. Mone fairly states that the entire project is offered as security to one

Piramal Capital and Housing Finance Limited and that prior to sale of each

flat no objection endorsement are required to be obtained from Piramal

Capital and Housing Finance Limited.

6. Accordingly, I pass the following order :

(i) Statement of the learned counsel for the respondents that the

respondents will ensure that these two Agreements for Sale dated 29 th

December, 2020 of Flat no. 901 and 902 are cancelled on or before 27 th

October, 2021 and that deeds of cancellation are executed and registered by

them is accepted.

(ii) The Court Receiver, High Court, Bombay is directed to take possession

of flat nos. 801,802, 901, 902, 3001 and 3002 of Tridhaatu Aranya, Deonar,

Mumbai-400 088 on 26th October, 2021 at 11.00 am. Keys of all these flats

shall be handed over on the said date. Respondents undertake to affix secure

outer doors of the flats before handing over possession.

27-IAL-22694-2021-COMEXL-22692-2021.odt rrpillai

(iii) The Receiver is directed to take possession of 15 car parking spaces

identified by the respondent. Receiver shall ensure that appointment of the

Receiver is duly mentioned at each of the car parking spaces by painted

messages and boards.

(iv) At the request of the respondent who states that internal work

restricted to installation of windows to protect the flats from external

elements requires to be completed. The respondents are at liberty to apply to

the Court Receiver after providing a flatwise schedule for installation of

windows. If such request is received the Receiver shall call a meeting at

which schedule will be finalised in consultation with the applicant such that

work of installation of the windows is not affected.

(v) Learned counsel for the respondent undertakes to inform Piramal

Capital and Housing Finance Limited of the order appointing the Court

Receiver, High Court Bombay of the aforesaid flats. Applicants may

also do so.

(vi) Accordingly list on 28th October, 2021 for recording compliance.

(A. K. MENON, J.)

27-IAL-22694-2021-COMEXL-22692-2021.odt rrpillai