Advance Commercial Co. Ltd vs Pravin Jain
2022 Latest Caselaw 1601 Bom

                                                                          1 CRR 38-22..doc


           Digitally
           signed by

LAXMI
SUBHASH
           LAXMI
           SUBHASH
           SONTAKKE
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONTAKKE   Date:
           2022.02.17
           13:06:35
           +0530                       ORDINARY ORIGINAL CIVIL JURISDICTION
                                       COURT RECEIVER'S REPORT NO. 38 OF 2022
                                                        IN
                                         CHAMBER SUMMONS NO. 471 OF 2018
                                                        IN
                                       EXECUTION APPLICATION NO. 1022 OF 2018
                                                        IN
                                           WRIT PETITION NO. 922 OF 2015


                        Advance Commercial Company Ltd.                     ..Applicant/Petitioner
                                 Vs.
                        Pravin Jain                                         ..Respondent


                                                         .....
                        Ms. Mamta Sadh with Abhishek Bhaduri & Aarti Dharamjey for the
                        Applicant/Decree Holder.
                        Mr. S. K. Dhekale, OSD, Court Receiver is present.
                        Mr. Chetan Kapadia with Karl Tamboly, Kausar Banatwala with Gauri
                        Sakhardande i/b Tushar Goradia for the Respondent/Judg. Debtor.
                        Mr. Vinod Kumar Anchalia, Proprietor, Velma Industries.

                                                             .....

                                                          CORAM:- B. P. COLABAWALLA,J.

DATE :- FEBRUARY 16, 2022.

P. C.:

1. This Court Receiver's Report is filed seeking a confirmation

of the sale in favour of M/s. Velma Industries who is the highest bidder

in relation to the sale conducted by the Court Receiver of the immovable

property being Sarosh Building, 251, D. N. Road, Fort, Mumbai. What

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has been put up for sale by the Court Receiver is only the plot of land as

Sarosh Building has been demolished.

2. Mr. Kapadia, the learned Advocate appearing on behalf of

the Respondent/Judgment Debtor submitted that time be given till 2 nd

March, 2022, so that the Judgment Debtor can attempt to try and find a

purchaser for the said property who would be willing to pay more than

the bid given by M/s. Velma Industries. He submitted that he shall also

file an affidavit in reply to the above Report before the next date and

serve a copy of the same on the Advocates for the Applicant as well as on

the office of the Court Receiver.

3. In view of the aforesaid request made by Mr. Kapadia, the

matter is stood over to 2nd March, 2022, at 2.30 p.m.

4. The affidavit in reply, if any, shall be filed in the Registry on

or before 25th February, 2022 and a copy of the same shall be served on

the Advocates for the Applicant as well as on the Court Receiver.

5. It is made clear, that if the Judgment Debtor desires to

bring any other purchaser, it is free to do so, by bringing him to this

Court on 2nd March, 2022 at 2.30 p.m.

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6. The Proprietor of M/s. Velma Industries is also directed to

remain present in this Court on 2nd March, 2022 at 2.30 p.m.

7. 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. )




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