Idbi Trusteeship Services Ltd vs Shivshakti Realhome Pvt Ltd
2022 Latest Caselaw 4978 Bom

           Digitally signed
           by HEMANT
HEMANT     CHANDERSEN
CHANDERSEN SHIV
SHIV       Date:
           2022.05.27
           18:44:30 +0530
            hcs

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                                                                               8.crr147.22.doc
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                  IN ITS COMMERCIAL DIVISION

                          COURT RECEIVER'S REPORT NO.147 OF 2022

                         EXECUTION APPLICATION (L) NO.4039 OF 2021
                                          IN
                             COMMERCIAL SUIT NO.35 OF 2021


              IDBI Trusteeship Services Ltd.                 ... Decree Holder
                      vs
              Shivshakti Realhome Pvt. Ltd.                  ... Judgment Debtor.
                      And
              J. D. Infratech Pvt. Ltd. & Ors.               ... Respondent


              Mr. Ashish Kamat with Mr.Shyam Kapadia, Mr.Gaurav Shah and Ms.
              Jigisha Vadodaria i/b Negandhi, Shah & Himayatullah for the
              Applicant/Decree holder.
              Mr. Rushabh Sheth i/b Mr.Shashank Mishra for the Respondent No.1.
              Mr. Suraj Gothwal with Shubham Kalbere for Judgment Debtor and
              Respondent Nos.2 to 4.
              Mrs. Kanchan Rane, 1st Asst. to CR present in Court.


                                          CORAM :        MADHAV J. JAMDAR, J.

(VACATION COURT) DATE : 27TH MAY 2022.

P.C:-

1. In view of the order dated 27/05/2022 passed in Interim Application No.15879 of 2021 nothing survives in the Court Receiver's Report. The cost of report is quantified at Rs.5,000/- will required to be paid by Respondent No.1. Therefore, Respondent No.1 is directed to pay the said costs of Rs.5,000/- within two weeks from today.

2. At this stage Mr.Kamat, learned counsel appearing for the Applicant/ hcs

8.crr147.22.doc Decree holder states that if the said amount is not deposited within two weeks from today by the Respondent No.1, then the Applicant will pay to the Court Receiver the said amount and in that event the Applicant will be entitled to recover the same from the Respondent No.1. The said statement is accepted and ordered accordingly.

3. Court Receiver's report is disposed of.

[MADHAV J. JAMDAR, J.]