Prashama Shukla And Anr vs Heena Builders And Developers And ...
2022 Latest Caselaw 10838 Bom

                                                           4.CRR.318.22 in SL.1242.18.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                    COURT RECEIVER'S REPORT NO. 318 OF 2022
                                       IN
                           SUIT (L) NO. 1242 OF 2018


Prashma Shukla & Anr.                          ...     Plaintiffs

           Versus

Heena Builders and Developers & Ors.           ...   Defendants



Mr. Kuber Wagle for Judgment Debtor.
Ms. Sapana Rachure for the Plaintiffs in SL/1242/2018.
Ms. Gauri Mestha i/b LJ Law for Judgment Debtor in S/817/2015.
Mr. K.M. Sanghvi for Kapol Bank.
Disha Karambar-Mulgaonkar a/w Priya Rita and Chaitnya Ghadynji i/b
Disha Karambar and Associates, Hatim Quabawalla-authorized
Representative of IIFL Finance Ltd. for IIFL Finance Ltd.
Ms. R.V. Rane, 2nd Asstt. to C.R. present.


                                         CORAM :     R.I. CHAGLA, J.
                                         DATED :     17th OCTOBER, 2022.
ORDER :

1 The Court Receiver's Report has been placed for directions. It

was noted in the order dated 10.10.2022 that the learned Counsel for the

parties have made a joint request for extending the time for submission of

offers/bids as it is stated that there are offerers who are interested in

purchasing the aforementioned premises but could not submit their offers

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4.CRR.318.22 in SL.1242.18.doc

in time. Accordingly, time for submitting the offers to the Court Receiver

was extended till 15.10.2022 upto 2.30 p.m.

2 The 2nd Assistant to the Court Receiver informs this Court that

no offers have thereafter been received. This is noted.

3 Accordingly, Court Receiver's Report No.318 of 2022 which

has sought directions with regard to the steps the Court Receiver should

take since the offers were not received, other than the offer received with

respect to flat No.5, 2nd Floor, A-Wing, Viral Apartment. The said offer of

Mr. Harish Shetty was thereafter not acceptable to this Court in view of

the value of the subject flat arrived at by appointed valuer M/s. Nadkarni

& Co. being of a much higher value than the offer of Mr. Harish Shetty.

4 The valuation reports of the appointed valuer M/s. Nadkarni

& Co. are opened in the presence of learned Counsel for the parties and

the valuation in respect of the subject flats is shared with them. The

learned Counsel for the parties has thereafter made a request that they

may granted time to try and bring further offers for the subject flats

before the next date in order for sale of the subject flats by private treaty.

5 In that view of the matter time is granted till 11.11.2022.

The Court Receiver's Report shall be placed for further directions on

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4.CRR.318.22 in SL.1242.18.doc

14.11.2022 at 2.30 p.m.

6 There is a request made by the learned Counsel for the

Plaintiffs that the Judgment Debtor may in the presence of the Court

Receiver be permitted to enter the subject flats in order to clean and keep

them in proper order.

7 Permission is granted to the Judgment Debtor to visit the

subject flats with the Court Receiver's representative in order to carry out

cleaning and keeping the subject flats in proper order. This shall be done

on or before the next date.

8 The Court Receiver shall fix a date prior to the next date for

the aforementioned purpose as well as thereafter fix a date for inspection

of the subject flats by the interested offerers.

9 The concerned mortgagees are permitted to file their affidavit

on or before the next date and they may be permitted the visit the subject

flats in the presence of the Court Receiver.

(R.I. CHAGLA, J.) Digitally signed by WAISHALI WAISHALI SUSHIL SUSHIL WAGHMARE WAGHMARE Date:

2022.10.18 18:19:02 +0530

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