Bombay High Court
Mayur Mangaldas Kothari vs Estate Of Late Neeraj Vinayak Vora ... on 26 July, 2022
Bench: B.P. Colabawalla
5.sheriff report 41.22.comex.7.22..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SHERIFF'S REPORT NO. 41 OF 2022
Digitally signed by
ANJALI ANJALI TUSHAR
TUSHAR ASWALE
Date: 2022.07.27
ASWALE 14:43:26 +0530
INTERIM APPLICATION NO. 1959 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO. 7 OF 2022
IN
COMMERCIAL SUMMARY SUIT NO. 1148 OF 2019
Mayur Mangaldas Kothari ..Decree Holder/Plaintiff
Vs.
Estate of late Neeraj V. Vora
through heirs and legal representatives ..Defendants/Judgment
Debtor
Ms. Ruchi Turakhia i/b Nityoah Suneel & Associates, for the
Plaintiff.
Mr.D. S. Chaudhary, Dy. Sheriff is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- JULY 26, 2022.
P. C.:
The above Sheriff's Report is filed seeking the following
reliefs:-
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5.sheriff report 41.22.comex.7.22..doc
a) the Sheriff of Mumbai may be directed to
conduct auction sale of the attached Flat
No. 701, 7th floor with adjoining terrace
Chamunda Niwas, "B" Wing, Tagore Road,
Santacruz(West),Mumbai-400054 together
with the articles lying therein and the
attached parking space as per the schedule
of auction sale annexed hereto at Exhibit
'D' or as per the convenience of the Hon'ble
Court.
b) The Sheriff of Mumbai may be directed to
publish the auction sale notice in "Free
Press" (Englilsh) and "Nav Shakti"
(Marathi) or any other newspaper/s as this
Hon'ble Court may deem fit and proper.
c) the Plaintiff/Decree Holder may be
directed to deposit an amount of
Rs.2,00,000/- (Rupees Two Lakhs only)
for the purpose of Valuation and
Advertisement charges in this office.
d) If the prayer (c) is granted, the Sheriff of
Mumbai may be directed to appoint Valuer
from the panel of the Hon'ble High Court,
Bombay for carrying out the valuation of
the above suit property with the articles
lying therein and attached parking space.
2 By order dated 7th June, 2022 (in Interim Application
No.1959 of 2022) this Court had directed that physical possession be
taken of Flat No.701, 7 th floor with adjoining terrace Chamunda Niwas,
"B" Wing, Tagore Road, Santacruz (West), Mumbai- 400 054 (for short
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5.sheriff report 41.22.comex.7.22..doc
"Flat No.701") together with the articles lying therein and the attached
parking space by affixing the duplicate copy of the Warrant of
Attachment on the conspicuous part of the Suit premises by the Bailiff
and thereafter be sold under the directions of this Court. It further
directed that the sale proceeds to the extent of Rs.2.05 Crores be handed
over to the Decree Holder and the balance sale proceeds, if any, were to
be deposited with the Prothonotary and Senior Master.
3 Since Flat No. 701 was found locked, the Sheriff of Mumbai
could not take physical possession of the said Flat. In these
circumstances, the Sheriff filed a Report being Sheriff's Report No. 32 of
2022 seeking directions to break open the lock of the said Flat. That
Report was allowed by this Court vide its order dated 5th July, 2022.
4 Accordingly, the Sheriff of Mumbai has taken physical
possession of Flat No.701 together with the Articles lying therein and
the attached car parking space. The Sheriff has also put his lock on the
said Flat No.701. The directions sought today are with reference to sell
Flat No. 701 together with the Articles lying their alongwith the attached
car parking space.
5 After perusing the previous orders passed by this Court as
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5.sheriff report 41.22.comex.7.22..doc
well as the above Sheriff's Report, and after hearing the learned
advocate appearing on behalf of the Decree Holder/Plaintiff, the Sheriff
of Mumbai is directed to conduct auction sale of Flat No. 701 together
with the Articles lying therein alongwith the attached car parking space
as per the Schedule of Auction Sale reproduced below:-
Proposed Schedule of Auction Sale
1 Meeting for settling the terms and 29th July, 2022
conditions of aution Sale to be held in the
office of Sheriff of Mumbai with the
concerned Adovcates
2. Advertisement of Auction Sale Notice to 2nd August, 2022
appear in "Free Press Journal" (English)
and "Nav Shakti" (Marathi) or any other
newspaper/s.
3. Inspection to be given to the intending 10th and 11th August
bidders 2022 from 1.00 p.m. to
4.00 p.m.
4. Submission of offers/bids in the office of 19th August, 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 23rd August, 2022 at
Chamber Judge 2.30 p.m.
6 For the purposes of conducting the sale, the Sheriff of
Mumbai is directed to publish the auction sale notice in the "Free
Press Journal" (English) and "Nav Shakti" (Marathi) as per the
Proposed Schedule of Auction Sale reproduced above on or before 2 nd
August, 2022.
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5.sheriff report 41.22.comex.7.22..doc
7 Before the sale is conducted by the Sheriff of Mumbai, he
shall appoint a Valuer from the panel of this Court for carrying out
valuation of Flat No. 701 and the articles lying therein and the attached
parking space. The Plaintiff/Decree Holder is directed to deposit an
amount of Rs.2,00,000/- for the purposes of valuation and
advertisement charges in the office of the Sheriff of Mumbai within one
week from today.
8 The Sheriff's Report is disposed of in the aforesaid terms.
However, there shall be no order as to costs.
9 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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