Bombay High Court
Il And Fs Financial Services Ltd vs Novel Ftwz Limited (Formerly ... on 24 March, 2022
Bench: B.P. Colabawalla
14-CHSCD-438-2019.doc
GANESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUBHASH
LOKHANDE ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
GANESH SUBHASH
LOKHANDE
Date: 2022.03.24
COMMERCIAL CHAMBER SUMMONS NO. 438 OF 2019
17:49:43 +0530 WITH
COMMERCIAL CHAMBER SUMMONS NO. 903 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 381 OF 2019
IL & FS Financial Services Ltd., .. Applicant
IN THE MATTER BETWEEN:
IL & FS Financial Services Ltd., .. Applicant
(Org. Plaintiff)
Vs.
Novel FTWZ Limited & Ors. .. Respondents
Dr. Birendra Saraf, Sr. Adv. a/w. Rohan Sawant, Sachin Chandrana,
Rajni Mehta i/b. Manilal Kher Ambalal & Co. for the Applicant/ Org.
Plaintiff.
Zal Andhyarujina, Sr. Adv a/w. Cyrus Ardeshir, S. C. Naidu & Ashish
Agarkar for the Respondents.
A. B. Malvankar, S. O., Court Receiver is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- MARCH 24th, 2022.
P. C.:
1. By order dated 14th February, 2022, a statement was
recorded on behalf of the Respondents that the Respondents are not
able to trace the original documents of the property situated at
Ganesh Lokhande page 1 of 3
14-CHSCD-438-2019.doc
Panchkula, Haryana [admeasuring about 53 Acres] and for which the
Court Receiver has already been appointed. He sought four weeks time
to trace the original documents of title. Acceding to his request and
purely out of mercy, the matter was stood over to 14 th March, 2022.
Thereafter, I have heard the parties on 14 th March, 2022, 21st March,
2022 and adjourned the matter to today.
2. Today, when the matter is called out, Mr. Andhyarujina, the
learned senior counsel appearing on behalf of the Respondents/
Judgment Debtors informed the Court that the Respondents have been
able to trace the original documents of the property situated at
Panchkula, Haryana [admeasuring about 53 Acres], which belongs to
Respondent No.4. He has tendered the original documents in Court
today. He has further stated before the Court that the Court Receiver
can now proceed to sell the aforesaid property situated at Panchkula,
Haryana [admeasuring about 53 Acres] and apply the sale proceeds
thereof towards satisfaction of the decree in favour of the Applicant.
3. In these circumstances, the original documents of title of
the property situated at Panchkula, Haryana are directed to be handed
over to the Court Receiver during the course of today. Mr. Andhyarujina
submitted that the original documents of title of the aforesaid property
Ganesh Lokhande page 2 of 3
14-CHSCD-438-2019.doc
are handed over to the Court Receiver just now in Court. The Court
Receiver acknowledges receipt of the same. The Court Receiver is
directed to examine the original documents of title and thereafter make
a report to this Court for sale of the aforesaid property.
4. The Applicant is at liberty to take xerox copies of these
original title deeds from the office of the Court Receiver on the payment
of the necessary charges.
5. 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. )
Ganesh Lokhande page 3 of 3
