Sanjay Kumar vs Ajit Kamath
2022 Latest Caselaw 5383 Bom

                                                                          7.sheriff report. 28 of 2022..doc

GANESH
SUBHASH                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LOKHANDE
Digitally signed by
GANESH SUBHASH
LOKHANDE
                                        ORDINARY ORIGINAL CIVIL JURISDICTION
Date: 2022.06.15
14:54:27 +0530
                                             SHERIFF'S REPORT NO. 28 OF 2022
                                COMMERCIAL EXECUTION APPLICATION NO. 125 OF 2017
                                                                  IN
                                        SUMMONS FOR JUDGMENT NO. 51 OF 2015
                                                                  IN
                                               SUMMARY SUIT NO. 430 OF 2015


                      Sanjay Kumar                                   .. Plaintiff

                                  Vs.

                      Ajit Kamath                                    .. Defendant

                      D. S. Chaudhary, Dy. Sheriff is present.
                      Prabhakar Jadhav for the Applicant.

                                                              CORAM:- B. P. COLABAWALLA,J.

DATE :- JUNE 14, 2022.

P. C.:

1. The above Sheriff's Report is filed seeking the following

reliefs:-

"(a) the Sheriff of Mumbai may be directed to conduct the re-

auction of the suit property viz. Flat No. 404, LLA Apartments, Section 4, R.D.P. 7, Charkop, Kandivali, Mumbai- 400 067. A proposed schedule of auction sale is annexed hereto at Exhibit 'C'.

(b) the Plaintiff may be directed to publish the Auction Sale Notice in "Free Press Journal" (English) and "Nav Shakti" (Marathi) in respect of the auction sale of the above suit property."

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7.sheriff report. 28 of 2022..doc

2. In the present matter there is a decree in favour of the

Plaintiff in the sum of approximately Rs. 27 crores which is still

outstanding. To execute this decree the interest of the Defendant in Flat

No. 404, LLA Apartments, Section 4, R.D.P. 7, Charkop, Kandivali,

Mumbai- 400 067 (for short "the said flat") was attached. Warrant of

Sale was also issued in relation to the said flat.

3. Today the Sheriff's Report is moved to re-auction the said

flat as per the schedule set out at Exhibit 'C' to the Sheriff's Report.

4. Having heard the learned counsel appearing on behalf of

the Plaintiff/Decree Holder as well as the representative of the Sheriff's

of Mumbai, I do not see any impediment in allowing the Sheriff's

Report. It is accordingly made absolute prayer clauses (a) & (b)

reproduced above.

5. The proposed schedule of auction sale of the said flat shall

be as under:

Proposed Schedule of Auction Sale

1. Meeting for setting the terms and conditions of auction Sale to be held in the 16th June, 2022 at office of Sheriff of Mumbai with the 12.30 p.m. concerned Advocates

2. Advertisement of Auction Sale Notice to

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7.sheriff report. 28 of 2022..doc

appear in "Free Press Journal" (English) 20th June, 2022 and "Nav Shakti" (Marathi)

3. Inspection to be given to the intending 30th June, 2022 & 1st bidders July, 2022 from 1.00 p.m. to 4.00 p.m.

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

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

6. The Sheriff of Mumbai shall not fix any reserve price in the

advertisement.

7. The Sheriff's Report is accordingly disposed of. There shall

be no 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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