Jigna Mahesh Thaker vs Heena Builders And Developers And ...
2022 Latest Caselaw 4065 Bom

GANESH
SUBHASH
LOKHANDE
Digitally signed by
GANESH SUBHASH
LOKHANDE
Date: 2022.04.19
18:26:54 +0530                                                         2.S.817.2015.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      ORDINARY ORIGINAL CIVIL JURISDICTION
                                                         IN
                                                SUIT NO. 817 OF 2015

                      Jigna Mahesh Thaker                        .. Plaintiff
                                Vs.
                      Heena Builders Developers
                      & Ors.                                     .. Defendants

                      Nishant Sasidharan a/w Gauri Mehta i/b LJ Law for Judgment
                      Creditor in S. No. 817/2015.
                      Rohan Cama a/w Sapna Rachure for Plaintiff in S(L)/1242/2018.
                      Ziyad Madon i/b Kinnari Mehta for Third Party (Rushabh Kavaya)
                      Mihir D. Shah, Partner of Defendant No. 1 is present.
                      S. K. Dhekale, OSD, Court Receiver is present.

                                                           CORAM:- B. P. COLABAWALLA,J.

DATE :- APRIL 18, 2022.

P. C.:

. On 6th April, 2022 this Court passed a detailed order

directing Mr. Mihir Shah, a Partner of Judgment Debtor No. 1 to search

out and thereafter handover the original title deeds of Flat No. 601 and

602 to the Court Receiver. This was to be done on 8 th April, 2022. Since

according Mr. Mihir Shah, these documents were in a godown in

Bhiwandi the matter was thereafter kept on 12 th April, 2022 at 2.30 p.m.

for the purposes of compliance.

                      Utkarsh                                                         page 1 of 2
                                                  2.S.817.2015.doc

1. When the matter was called out on 12 th April, 2022, I was

informed by Mr. Tamboly, the learned counsel appearing on behalf of

Mr. Mihir Shah/Judgment Debtor, that they have not been able to trace

out the original title deeds of Flat No. 601 and 602 and requested that

the matter be kept today (on 18 th April, 2022), by which time the

documents would be traced and handed over to the Court Receiver.

2. Today when the matter is called out, Mr. Mihir Shah/ a

Partner of Judgment Debtor No. 1, is present in the Court today. He has

personally undertaken that he will definitely trace out the original title

deeds of Flat No. 601 and 602 and handover the same to the Court

Receiver by 20th April, 2022. Since it is a matter of only two days, I am

not passing any order today and keeping the above matter on 21 st April,

2022 at 2.30 p.m. to see if the Judgment Debtor No. 1/Mr. Mihir Shah

produces and hands over the original title deeds of Flat No. 601 and 602

to the Court Receiver.

3. Stand Over to 21/04/2022 at 2.30 p.m.

4. This order will be digitally signed by the Private

Secretary/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. )


Utkarsh                                                         page 2 of 2