Jigna Mahesh Thaker vs Heena Builders And Developers And ...
2022 Latest Caselaw 3732 Bom

                                                                         2-CRR-63-2022.doc


         Digitally
         signed by
         GANESH
         SUBHASH
GANESH
SUBHASH  LOKHANDE                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LOKHANDE Date:
         2022.04.06
         19:11:18
         +0530
                                        ORDINARY ORIGINAL CIVIL JURISDICTION

                                        COURT RECEIVER'S REPORT NO. 63 OF 2022
                                                              IN
                                                    SUIT NO. 817 OF 2015
                      Jigna Mahesh Thaker                                   .. Plaintiff
                                Vs.
                      Heena Builders & Developers & Ors.                    .. Defendants


                      Gauri Mehta i/b. LJ Law for Judgment Creditor in S/817/2015.
                      Rohan Cama a/w. Sapna Rachure for Plaintiff in S(L)/1242/2018.
                      Mihir D. Shah, Partner of Judgment Debtor No.1 is present.
                      S. K. Dhekale, OSD, Court Receiver is present.


                                                          CORAM:- B. P. COLABAWALLA,J.

DATE :- 6th APRIL, 2022.

P. C.:

1. The above Court Receiver's Report is filed seeking fixation

of the reserve bid of the properties that forms the subject matter of the

Court Receiver's Report.

2. I have perused the Valuation Reports submitted by the

Valuer M/s. Nadkarni & Company, which were opened before the Court.

After perusing the Valuation Reports, I have fixed the reserve bid for

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each of the properties as mentioned in the Court Receiver's Report. This

Court Receiver's Report along with valuations shall be now kept in a

sealed cover and shall not be disclosed to any party.

3. I am informed that the Court Receiver was directed to

complete the public auction of these properties within a period of six

weeks and ten weeks respectively from the date of receipt of the

Valuation Report of the Valuer.

4. Considering that the reserve price is fixed today, the Court

Receiver is directed to complete the public auction of the properties

mentioned in the Court Receiver's Report within a period of six weeks

and ten weeks respectively from today.

5. The Court Receiver's Report is accordingly disposed of.

6. It has been brought to my attention that by order dated 3 rd

June, 2021 passed in Interim Application (L) 11854 of 2021 in Court

Receiver's Report No. 271 of 2021, the Judgment Debtors were inter-alia

directed to handover the title deeds/copies of the title deeds and other

relevant documents to the Court Receiver in respect of the properties of

which the Court Receiver was appointed. In the event the Judgment

Debtor did not have the title deeds, it was directed that they shall inform

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in writing to the Court Receiver about the whereabouts and/or custody

of the title deeds of the said properties so that the Court Receiver would

enter into correspondence with the concerned authority and obtain

copies of the same for the purposes of complying with the directions of

this Court regarding sale of the said properties. Despite this order, the

Judgment Debtors did not produce the title deeds. Accordingly, this

Court, by its order dated 31st January, 2022 in Interim Application No.

2350 of 2021 in Execution Application (L) No. 729 of 2020 once again

directed the Judgment Debtor to comply with the directions contained

in paragraph 14(g) of the order dated 3 rd June, 2021. In other words, the

Judgment Debtor was to submit all the title deeds/copies thereof, and

other relevant documents in respect of the properties for which the

Court Receiver was already appointed. It has brought to my attention

that till date, the title deeds in relation to Flat Nos. 601 and 602, Gokul

Ashirwad, Plot No. 14, 4th N. S. Road, JVPD, Vile Parle (West), Mumbai

- 400 056 have not yet been submitted to the Court Receiver.

7. Mr. Shah, a partner of Judgment Debtor No.1, appearing in

person, trotted out an excuse that all the documents in relation to the

said firm are stored in a godown at Bhiwandi and there are about 3,500

files of the said firm at the said location. He has submitted that he would

have to go through these files before he can find the original title deeds

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of Flat Nos. 601 and 602.

8. I find this excuse to be wholly unacceptable. An order was

passed as far back as on 3rd June, 2021 and thereafter again on 31st

January, 2022. On both these occasions, no such submissions were

made on behalf of the Judgment Debtor. This is now for the first time

stated before this Court today. Clearly, it appears that the Judgment

Debtor is making every effort to throttle the sale of Flat Nos. 601 and

602. In these circumstances, I would be fully justified in holding him

guilty of contempt and sentencing him into jail. However, since he is a

party in person, I propose to give him one last opportunity with the

clear understanding that if he does not produce the original title deeds

of Flat Nos. 601 & 602, he will have to face jail time for violating orders

of this Court. In these circumstances, the following order is passed:

(a) Mr. Mihir Shah, a partner of Judgment Debtor No.1, is directed to search out and thereafter handover the original title deeds of Flat Nos. 601 & 602 to the Court Receiver. Mr. Shah has stated that one representative of each Decree Holder can remain present at the time when a search is being conducted for the original title deeds of Flat Nos. 601 & 602.

(b) This search shall be conducted on 8th April, 2022 along with one representative each of the Decree Holder. The Court Receiver's Office shall also depute one

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representative who shall oversee the entire search.

(c) All parties shall assemble in the Office of the Court Receiver on 8th April, 2022 at 9.30 a.m. after which they shall proceed to the godown at Bhiwandi for the purposes of taking search of the original title documents of Flat Nos. 601 & 602. Once the title deeds are located/found, they shall be handed over to the representative of the Court Receiver.

(d) It is agreed by Mr. Mihir Shah that the costs of the Court Receiver for undertaking the exercise of searching the title deeds of Flat Nos. 601 & 602, shall be paid by Mr. Mihir Shah to the Office of the Court Receiver within a period of one week of the Court Receiver raising his bill in that regard.

9. The above Court Receiver's Report is disposed of. I am

placing the above matter on 12th April, 2022 at 2.30 p.m. for the

purposes of compliance.

10. This order will be digitally signed by the Personal Assistant

of this Court. All concerned will act on production by fax or email of a

digitally signed copy of this order.

                                            ( B. P. COLABAWALLA, J. )


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