Vistra Itcl(India) ... vs Sanjay Dattatreya Kakade And Ors
2021 Latest Caselaw 15557 Bom

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                               [ COMMERCIAL DIVISION ]

                     COURT RECEIVER'S REPORT NO.350 OF 2021
                                         IN
        COMMERCIAL EXECUTION APPLICATION (LODGING) NO.31 OF 2017

Vistra ITCL (India) Ltd.
(Formerly known as IL & FS Trust Co. Ltd.) and Anr. .. Applicants-Claimants
               Vs.
Sanjay Dattatreya Kakade and Ors.                      .. Respondents-Judg. Debtors



Mr. Sharan Jagtiani, with Mr. Jatin Pore, Ms. Shradha Achliya and Ms. Ankita
Agrawal, i/by DSK Legal, for the Applicants-Claimants-Decree Holders.
Mr. Girish Godbole, with Mr. Yatin R. Shah, Mr. Shivam Bhagwati and Mr.
Shahzad Khajotia, for Respondent Nos.1 and 3.
Mr. Girish Godbole, i/by Mr. Rahul Soman, for Respondent No.2.
Mr. Bharat Mehta, with Ms. Shruti Vyas, Panel Counsel for the Applicants-
UOI in IA(L)/8156/2020.
Ms. Jyoti Chavan, AGP for the State of Maharashtra on notice.
Mr. Shridhar Dhekale, OSD, Court Receiver, is present.



                                           CORAM : A. K. MENON, J.

                                           DATE     : 28TH OCTOBER, 2021.
P.C. :

1. On 4th October 2021, the City Survey Officer was directed to prepare a

plan in terms of the order. The said order was thereafter communicated to the

Government Pleader's office with a request to provide copies of the

government resolutions, based on which the Collector is said to have passed

the orders, as referred to in the order dated 4 th October 2021.

2-CRR-350-2021 & IAL-8156-2020.doc Dixit

2. Today, Ms. Chavan, learned AGP states that she has now been

instructed to state that the decree has been obtained on the basis of

misrepresentation and there are serious allegations of conduct of the

judgment-debtors. She seeks to tender a compilation of orders, copies of

which have been served on the other parties. She also seeks to tender a

compilation of 7/12 Extracts pertaining to the land in question, to state that

this land could never been subjected to the decree in view of the past orders

of the court. The applicants and respondents seek time to consider these

compilations.

3. In the meantime, Mr. Jagtiani states, without prejudice to these

contentions, that the City Survey Officer is still preparing a plan, in respect of

which all costs, charges and expenses would be borne by the applicants. All

costs shall therefore be borne by the applicants. Payment shall be deposited in

advance. If plans are so prepared, the same shall be kept ready on or before

22nd November 2021.

4. List the Receiver's report on 25th November 2021.

(A.K. MENON, J.)

Digitally signed by

SNEHA 2-CRR-350-2021 & IAL-8156-2020.doc SNEHA ABHAY DIXIT ABHAY Date:

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