Ram And Company And 2Ors vs Polyvin Industries And 2 Ors
2022 Latest Caselaw 400 Bom

                                                                         8.sheriff report.66.21..doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
         Digitally signed by
ANJALI
                                              IN ITS COMMERCIAL DIVISION
         ANJALI TUSHAR
TUSHAR   ASWALE
         Date: 2022.01.12
ASWALE   17:49:01 +0530


                                            SHERIFF'S REPORT NO.66 OF 2021


                               COMMERCIAL EXECUTION APPLICATION NO. 1728 OF 2018




                        Ram & Co. & Ors                                 ..Claimant/Decree Holder
                                    Vs.
                        Polyvin Industries & Ors                        ..Respondents/Judgment
                                                                         Debtors


                        Mr.Megharanjani Chandu i/b Priyal Sheth, for the Decree Holder.
                        Mr.Yash Tiwari i/b K. P. Tiwari & Co, for the Respondents/Judgment
                        Debtors.
                        Mr. D. S. Chaudhari, Dy. Sheriff is present.

                                                           CORAM:- B. P. COLABAWALLA,J.

DATE :- JANUARY 11, 2022.

(THROUGH VIDEO CONFERENCING)

P. C.:

The above Sheriff's Report has been filed seeking the

following reliefs:-

a) The Hon'ble Court may consider the Valuation Report submitted by the Valuer M/s. Shrinivas M. Kini & Co. in respect of the above suit

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8.sheriff report.66.21..doc

property;

b) the Claimant may be directed to make payment of deficit amount of Rs. 49,395/- (Rupees Forty Nine Thousand Three Hundred Ninety Five only) in the office of Sheriff of Mumbai towards the cost of Valuation;

c) the Hon'ble court may direct the Sheriff of Mumbai to make payment of Rs. 69,731/- (Rupees Sixty Nine Thousand Seven Hundred Thirty One only) after receiving the deficit amount from the Claimant to M/s. Shrinivas M. Kini & Co. towards their cost of valuation from the amount deposited by the Claimant;

d) that the sheriff of Mumbai may be directed to settle the terms and conditions in respect of conducting auction sale of the aforesaid immovable property in the above matter as per the Proposed Schedule of Auction Sale or as per the directions of this Hon'ble Court;

e) that any other order as this Hon'ble Court may deem fit and proper.

2 I am informed that as far as prayer clauses (b) and (c) are

concerned, they have been already granted vide this Court's order dated

29th November, 2021. As far as prayer clauses (a) and (d) are concerned,

and more particularly, prayer clause (d), Mr. Tiwari, the learned counsel

appearing on behalf of the Judgment Debtors stated that the aforesaid

prayers ought to be deferred because the Judgment Debtors are in the

process of challenging the Decree passed for mesne profits.

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                                                       8.sheriff report.66.21..doc




3            I am afraid the aforesaid request cannot be granted. The

Decree for mesne profits was passed on 10 th December, 2014. The

execution is unnecessarily being delayed.

4 In these circumstances, the Sheriff's Report is made

absolute in prayer clauses (a) and (d). The auction sale of Office No.

202, admeasuring 513 sq.ft. on the 2nd floor of Sai Heritage Building

situated at Tilak Road, Junction of Bhaveshwar Lane, Final Plot No. 34

A, T. P. S. III, Ghatkoper (E), Mumbai 400 077 shall be carried out as

per the schedule set out below:-

Proposed Schedule of Auction Sale

1 Meeting for settling the terms and 17th January, 2022 at conditions of aution Sale to be held in the 12.30 p.m. office of Sheriff of Mumbai with the concerned Adovcates

2. Advertisement of Auction Sale Notice to 24th January, 2022 appear in "Free Press Journal" (English) and "Nav Shakti" (Marathi)

3. Inspection to be given to the intending 31st January and bidders 1st February, 2022 From 1.00 p.m. to 4.00 p.m.

4. Submission of offers/bids in the office of 4th February, 2022 upto Sheriff of Mumbai with E.M.D. of 5.00 p.m. Rs.10,00,000/-

5.       Opening of offers before the Hon'ble              7th February, 2022 at 2.30
         Chamber Judge                                     p.m.


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                                               8.sheriff report.66.21..doc


5           The above Sheriff's Report is disposed of in the aforesaid

terms.



6           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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