Bombay High Court
Idbi Trusteeship Services Ltd vs Shivshakti Realhome Pvt. Ltd on 23 February, 2022
Bench: B.P. Colabawalla
3.crr.53.22..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COURT RECEIVER'S REPORT NO.53 OF 2022
ANJALI Digitally signed by
ANJALI TUSHAR IN
TUSHAR ASWALE
Date: 2022.02.24
ASWALE
COMMERCIAL SUIT NO.35 OF 2021
17:45:07 +0530
IDBI Trusteeship Services Ltd ..Decree Holder
Vs.
Shivshakti Realhome Pvt Ltd ..Judgment Debtor
Ms.Smruti Kanade a/w Jigisha Vadodara i/b Negandhi Shah &
Himayatullah, for the Decree Holder.
Ms. Kanchan Rane, 1st Assistant to the Court Receiver is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- FEBRUARY 23, 2022.
P. C.:
The above Court Receiver's Report is filed seeking the
appointment of the Valuer and for fixing the fees of the Valuer. A
further direction is sought that the Decree Holder be directed to deposit
the fees of the Valuer in the office of the Court Receiver and the Court
Receiver be permitted to make the payment of the fees upon receipt of
the original Valuation Report and bill invoice by the office of the Court
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3.crr.53.22..doc
Receiver.
2 The Valuer to be appointed is one M/s Amol Bora & Co.
who is a Government registered Valuer and is also an empanelled
Valuer with the Court Receiver's Office. The said Valuer has given his
quotation dated 3rd August, 2021. He has quoted that for valuing each
property, his fees would be Rs. 1,00,000/- plus GST @ 18%. In addition
thereto, traveling, accommodation and other out of pocket expenses
would be extra as per actuals.
3 The learned counsel for the Plaintiff/ Decree Holder has
stated, on instructions, that they have no objection, if M/s Amol Bora &
Co. are appointed as the Valuer to value the two properties mentioned
in the quotation given by them which read thus:-
a) "GH-4A, Omzxe, Ajmer Road, Jaipur Rajasthan.
Rs.1,00,000/-
b) CP-1, NC (M), RIICO Industrial Area, Neemrana,
Alwar, Rajasthan R.1,00,000/-."
4 In these circumstances, it is directed that M/s Amol Bora &
Co. are appointed as Valuers for valuing the aforesaid two properties.
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3.crr.53.22..doc
The fees for valuing each property will be Rs. 1,00,000/- each plus GST
@ 18%. All out of pocket expenses such as traveling and
accommodation etc will be extra as per actual.
5 Once the Valuer submits the Valuation Report alongwith
his bill invoice, the Court Receiver is permitted to make payment of the
fees of the Valuer within a period of one week of receiving the invoice of
the Valuer.
6 To ensure that the aforesaid payment is made to the Valuer,
the Decree Holder shall deposit with the office of the Court Receiver a
sum of Rs. 3,00,000/- within a period of one week from today. After
the payment of the fees of the Valuer, if there is any surplus, the same
shall be refunded back to the Decree Holder. If for any reason, the
bill/invoice of the Valuer is more than the amount deposited (more
than Rs.3,00,000/-), the Decree Holder shall deposit the deficit
amount within a period of one week from being called to do so by the
Court Receiver's Office. The cost of this Report amounting to Rs.
5,000/- shall also be paid by the Decree Holder within a period of one
week from today.
7 The Court Receiver's Report is accordingly disposed of. No
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3.crr.53.22..doc
order as to costs.
8 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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