Bombay High Court
Pearl Chesson vs Sean Paul Lawrence on 12 October, 2022
Bench: B.P. Colabawalla
5.crr.320.22..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COURT RECEIVER'S REPORT NO.320 OF 2022
IN
ANJALI
TUSHAR
Digitally signed
by ANJALI
TUSHAR ASWALE
INTERIM APPLICATION NO.1390 OF 2020
Date: 2022.10.14
ASWALE 18:25:33 +0530
IN
CHAMBER SUMMONS NO.646 OF 2019
IN
EXECUTION APPLICATION NO.1827 OF 2018
IN
PERSONAL STATUS APPEAL NO.147 OF 2011
WITH
EXECUTION APPLICATION NO.1827 OF 2018
IN
PERSONAL STATUS APPEAL NO.147 OF 2021
Pearl Chesson ..Applicant/Judgment
Creditor/Orig.Plaintiff/
Decree Holder
Vs.
Sean Paul Lawrence ..Respondent/Judgment
Debtor/Orig.Defendant
Ms. Sonal Hemant Mishal i/b Swati Chaurasia, for the Judgment
Creditor
Mr.Zubin Behramkamdin i/b Alisha Pinto, for the Judgment Debtor.
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5.crr.320.22..doc
Mr. S. K. Dhekale, Court Receiver is present.
Mr. Vijayan Nambiar representative of Bidder is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- OCTOBER 12, 2022.
P. C.:
The above Court Receiver's Report is filed seeking the
following reliefs:-
a) "What steps the Court Receiver should take as the highest
bidder Mr. Prasad Hadye has withdrawn his offer and the
second highest bidder Mr. Vijayan Nambiar, Director of
Delight Logistics Pvt Ltd is ready to match the highest bid
of Rs.95,50,000/- (Ninety five lakhs fifty thousand only)?
b) That costs of this report in the sum of Rs.5,000/- may be
awarded and same be directed to come out of the funds in
the hands of the Court Receiver."
2 By order dated 5th February, 2020, the Court Receiver, High
Court, Bombay came to be appointed as the Receiver in respect of the
property of the Respondent/Judgment Debtor, namely Flat No.I-601
Magnolia Enclave, Nahar Amrit Shakti, Chandivali, Mumbai-400 072
(for short "the Suit Flat").
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5.crr.320.22..doc
3 Thereafter, the parties settled their disputes by filing
Consent Terms dated 19th January, 2022. The said Consent Terms were
taken on record on 3rd February, 2022 and the Court Receiver was
directed to sell the Suit Flat as per Clause 7 of the Consent Terms.
4 To take this sale forward, quotation from the Valuers were
called, after which the Valuer submitted his report to the Court
Receiver. On 30th June, 2022, with the consent of parties, schedule for
public auction and EMD of Rs.51,000/- was fixed by the Court Receiver.
Accordingly, the draft of terms and conditions and public notices of the
sale were finalized.
5 Once the notice of sale was published, the Court Receiver
received two offers in a sealed envelope which are as under:-
Sr.No. Name of Offeror Offer Received Rs. EMD Received
1 Vijayan Nambiar Director 95,00,000/- 51,000/-
(Delight Logistics Pvt Ltd)
2 Prasad Hadye 55,00,000/- 51,000/-
6 Thereafter, both offerors were asked to raise the bid. Mr.
Prasad Hadye raised his offer upto Rs.95,50,000/- and the Director of
Delight Logistics Pvt Ltd declined to raise their offer. Considering that
the highest offer was now of Mr. Prasad Hadye, he was informed to
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5.crr.320.22..doc
deposit 25% amount of his bid in the office of the Court Receiver within
15 days.
7 Despite being the highest offeror, on 11th August, 2022, Mr.
Prasad Hadye withdrew his offer.
8 Thereafter, by email dated 25 th August, 2022, Mr. Vijayan
Nambiar, a Director of Delight Logistics Pvt Ltd informed the office of
the Court Receiver that he being the second highest bidder, they are
interested to buy the property and ready to match the highest price
quoted by the first bidder, namely, Rs.95,50,000/-. It is in these
circumstances that the Court Receiver has moved the present Report
seeking directions as to what steps he should take considering the email
addressed by Mr.Vijayan Nambiar dated 25th August, 2022.
9 Mr.Behramkamdin, the learned counsel appearing on
behalf of the Judgment Debtor/Original Defendant and Ms.Mishal, the
learned counsel appearing on behalf of the Judgment Creditor/Original
Plaintiff, have both stated that the Suit Flat can be sold to Delight
Logistics Pvt Ltd for a price of Rs.95,50,000/-. The Director of Delight
Logistics Pvt Ltd (Mr. Vijayan Nambiar) is present in Court today and
has stated that he has already paid a sum of Rs.51,000/- as and by way
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5.crr.320.22..doc
of an Earnest Money Deposit. He has stated that he shall pay the
balance consideration of Rs.94,99,000/- within a period of 15 days from
today. The said statement is accepted as an undertaking given to this
Court. The cost of this Report of Rs.5,000/- shall also be paid by the
advocates for the Plaintiff within a period of one week from today.
10 It is made clear that in the event Delight Logistics Pvt Ltd
does not deposit the balance consideration within a period of 15 days
from today, then, the Court Receiver shall be entitled to sell the Suit Flat
once again by publishing a fresh notice in the newspapers. If the Court
Receiver requires any direction in that regard, he shall file a separate
Report in this Court.
11 The above Court Receiver's Report is accordingly disposed
of in the aforesaid terms.
12 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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