Clix Capital Services Pvt Ltd vs K.C.Sheth And 4 Ors
2022 Latest Caselaw 10301 Bom

                                                   4-COMEX-17-2021.doc


                      SHERIFF'S REPORT NO. 63 OF 2022
           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                        IN ITS COMMERCIAL DIVISION

         COMMERCIAL EXECUTION APPLICATION NO. 17 OF 2021


Clix Capital Services Private limited
(Erstwhile M/s. GE Money Financial
Services Pvt. Ltd.                               .. Decree Holder/
                                                  Original Plainttiff
           Vs.
K. C. Sheth, H.U.F., and Ors.                    .. Judgment Debtors/
                                                  Org. Defendants



Sunayana Babar i/b. Global Law Office for the Plaintiff.
D. S. Chaudhari, Dy. Sheriff is present.


                                    CORAM:- B. P. COLABAWALLA,J.

DATE :- 6th OCTOBER, 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 fresh auction sale of the above suit property after a gap of 45 days on receipt of an application for the same from the decree holder/plaintiff;

Ganesh Lokhande                                                   page 1 of 3
                                                 4-COMEX-17-2021.doc

      b)     the Sheriff of Mumbai may be directed to make payment of

Rs.22,000/- (Rupees Twenty Two Thousand only) to M/s. Eureka Advertising Agency towards advertisement cost from the amount deposited by the Plaintiff."

2. The subject matter of the present Sheriff's Report is a

residential premises being Flat No.15, "Sun Flower" of the Cuffe Parade

Ravi Kiran Co-operative Housing Society Ltd., Cuffe Parade, Mumbai -

400 005 (for short 'the suit premises'). This property was initially put

up for auction by this Court pursuant to which four bidders came

forward to purchase the suit premises. Since the highest bid received

was not even commensurate with the distress sale value of the suit

premises, by order dated 5th July, 2022, the said bids were rejected and

the Sheriff of Mumbai was directed to file a fresh report seeking

directions regarding sale of the suit premises. Accordingly, the Sheriff

had filed a report being Sheriff's Report No.53 of 2022. In the said

report, this Court had given directions for once again selling the suit

premises. The representative of Sheriff of Mumbai informs me that no

bids have been received for sale of the suit premises and hence the

present report seeking to re-advertise and re-auction the suit premises

as per the proposed schedule of auction sale. In these circumstances, it

is accordingly ordered that the Sheriff of Mumbai shall conduct a fresh

auction sale of the suit premises as per the Schedule set out below:

Ganesh Lokhande page 2 of 3 4-COMEX-17-2021.doc

Proposed Schedule of Auction Sale

1. Meeting for settling the terms and 17th October, 2022 at conditions of auction Sale to be held in the 12.00 noon office of Sheriff of Mumbai with the concerned Advocates

2. Advertisment of Auction Sale Notice to 21st October, 2022 appear in "Free Press Journal" (English) and "Nav Shakti" (Marathi)

3. Inspection to be given to the intending 1st and 2nd November, bidders 2022 from 1.00 p.m. to 4.00 p.m.

4. Submission of offers/bids in the office of 11th November, 2022 Sheriff of Mumbai with E.M.D. of upto 5.00 p.m. Rs.10,00,000/-

     5. Opening of offers before the Hon'ble           15th November, 2022
        Chamber Judge                                  at 2.30 p.m.

3. The Decree Holder is directed to further deposit an amount

of Rs.20,000/- for publishing the auction sale notice in the newspaper.

4. The Sheriff's Report is accordingly disposed of. No order as

to costs.

5. This order will be digitally signed by the Personal Assistant

of this Court. All concerned will act on production by fax or email of a

digitally signed copy of this order.

            Digitally
            signed by
            GANESH
GANESH      SUBHASH
SUBHASH     LOKHANDE
LOKHANDE    Date:
            2022.10.06
            18:58:52
                                            ( B. P. COLABAWALLA, J. )
            +0530




Ganesh Lokhande                                                  page 3 of 3