Bombay High Court
Bhagwan Thadhani @ Bhagwan ... vs Tridhaatu Asset Holding Llp And ... on 29 October, 2021
Bench: A. K. Menon
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
WITH
COURT RECEIVER'S REPORT NO. 425 OF 2021
Bhagwan Thadani ... Applicant/Judg.Creditor
vs.
Tridhaatu Asset Holding LLP & Anr. ... Respondents/Judg.Debtors
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. Abhishek Salian i/b. Vidhii Partners for the
Respondents/Judgment Debtors.
Mr. Ajay Tiwari - Clerk- representative of the Court Receiver.
CORAM : A. K. MENON, J.
DATED : 29st OCTOBER, 2021
P.C. :
Not on board. Taken on board.
1. This matter was heard at length yesterday when the Receiver's Report
no. 425 of 2021 was presented. The Receiver seeks directions as to the steps
to be taken in respect of flat nos. 3001 and 3002 since the outer wall had not
been constructed. Secondly, the Receiver seeks directions in respect of 15 car
parking spaces since construction of the car parking spaces is not complete
and for costs.
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2. At the hearing today it is pointed out that the external walls of the flat
no. 3001 and 3002 are complete and that the Receiver may take possession.
As far as car parking spaces are concerned a plan said to be sanctioned has
been produced today. Copy has been shared with the applicants and it is the
contention of the respondent that at basement 2 level there are provisions of
stack parking for 13 cars in one exclusive parking pit. Two other spaces will
be provided in a separate pit along side the lobby on the eastern side. The
second car parking pit has provision for four cars and thus totally these two
pits will accommodate 17 cars.
3. The construction of these pits is not complete and stacks are yet to be
installed. That would take sometime. Meanwhile although two parking
spaces are required to be kept aside in the second pit, considering it is open
pit it would not be practical to provide for two cars parking spaces in a pit
meant for four. Hence entire portion will have to be blocked and shuttering
will have to be put in both these pits. Considering that these appear to be
open pits to avoid any accident it is apporpriate that these two pits are
completely sealed with metal shuttering and Court Receiver can notify his
possession on the shuttering. Accordingly, I pass the following order :
(i) It is directed that the process of enclosing these two pits will be
completed on or before 15th November, 2021 and possession of these shall be
handed over to the Court Receiver on 17 th November, 2021.
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(ii) The respondent- judgment debtor shall not in any manner alienate,
encumber , create third party rights or offer possession or issue allotment
letter or execute any agreement of sale in any of these 17 car parking spaces
which are proposed to be put up in the two pits described above.
(iii) In the meantime the Court Receiver is directed take possession of flat
nos. 3001 and 3002 on Saturday 30th October, 2021 at 12.00 noon.
(iv) All concerned to act on an authenticated copy of this order.
(v) Court Receiver's report No. 425 of 2021 is allowed in terms of prayer
clause (a), (b) and (c) to the extent set out above.
(A. K. MENON, J.)
Digitally
signed by
RAJESHWARI
RAJESHWARI RAMESH
RAMESH PILLAI
PILLAI Date:
2021.10.29
17:35:10
+0530
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