Mayur Mangaldas Kothari vs Estate Of Late Neeraj Vinayak Vora ...
2022 Latest Caselaw 10943 Bom

                                                     2-SR-70-2022..doc


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          ORDINARY ORIGINAL CIVIL JURISDICTION
      SHERIFF'S REPORT NO.70 OF 2022
                    IN
   INTERIM APPLICATION NO.1959 OF 2022
                    IN
COMMERCIAL EXECUTION APPLICATION NO.7 OF
                   2022

Mayur Mangaldas Kothari                     )
                                            )..Decree Holder /
                                               Plaintif
      Vs.

Estate of Late Neeraj Vinayak Vora )
And Legal heirs Uttank V. Vora & Anr)..Defendants/
                                 Judgment Debtor



Mrs. Nityoah S. Mehta a/w. Ms.Ruchi Turakhia i/b. Nityoah Suneel
& Associates, Advocate for the Applicant.
Mr.D.S.Chaudhary, Dy. Sheriff is present.



                              CORAM:- B. P. COLABAWALLA,J.

DATE :- OCTOBER 18, 2022.

P. C.:

1. By order dated 26th July 2022 the Offie of the Sherff of

Mumbaf was dfreited to sale Flat no.701 on the 7 th foor wfth

adjofnfng terraie, Chamunda Nfwas, B Wfng, Tagore Road,

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Santairuz (West), Mumbaf - 400054 (for short the "suit

property"). Pursuant thereto, bfds were reiefved by the

Offie of the Sherff of Mumbaf and aiiordfngly, a reoort was

filed seekifng to ooen the bfds reiefved from the orosoeitfve

ourihasers for ourihasfng thfs orooerty. After ooenfng the

bfds, thfs iourt was of the oofnfon that the bfds reiefved was

not even ilose to the markiet value and henie, the Sherff of

Mumbaf was dfreited to takie further steos to re-advertfse the

sale of the suft orooerty by ionduitfng a fresh auitfon, and ff

neiessary, file a fresh reoort.

2. Aiiordfngly, a fresh reoort, befng Sherff Reoort no.61 of

2022 was filed and dfreitfons were gfven for sale of the suft

orooerty.

3. Today, the above Sherfffs Reoort fs filed beiause the

Sherff of Mumbaf has reiefved one bfd for ourihase of the

suft orooerty. I have fnsoeited the bfd gfven by Mr. Samay

Mayur Kotharf and also oerused the Valuatfon Reoort

submftted by M/s.Shetgfrf and Assoifates dated 20 th August

2022. After gofng through the Valuatfon Reoort, I find that

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the ofer made by Mr.Samay Mayur Kotharf fs nowhere ilose

to the markiet value of suft orooerty. Even though the suft

orooerty fs befng sold for the seiond tfme, I do not thfnki that

the ofer of Mr. Samay Mayur Kotharf ian be aiieoted as ft fs

not even ilose to and far lower than the markiet value of the

suft orooerty.

4. In these ifriumstanies, the ofer made by Mr. Samay

Mayur Kotharf for ourihasfng the suft orooerty fs hereby

rejeited. Earnest Money Deoosft of Rs.10,00,000/- submftted

by Mr.Samay Mayur Kotharf, shall be handed baiki to hfm

wfthfn a oerfod of three days from today.

5. The Sherff of Mumbaf fs dfreited to makie oayment of

Rs.22,000/- to M/s.Eurekia Advertfsfng Ageniy towards thefr

advertfsement iharges from the amount deoosfted by the

deiree holder/olafntff.

6. The Sherff of Mumbaf shall now onie agafn re-advertfse

the sale of the suft orooerty fn the newsoaoer. The Sherff of

Mumbaf shall file a fresh reoort seekifng further dfreitfons fn

that regard.

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7. The Sherfffs reoort fs aiiordfngly dfsoosed of. No

orders as to iosts.

8. Thfs order wfll be dfgftally sfgned by the Prfvate

Seiretary/Personal Assfstant of thfs Court. All ionierned wfll

ait on oroduitfon by fax or emafl of a dfgftally sfgned iooy of

thfs order.

( B. P. COLABAWALLA, J. )

ARTI VILAS KHATATE Digitally signed by ARTI VILAS KHATATE Date: 2022.10.21 11:50:02 +0530

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