Manish Mahal Co-Op. Hsg. Soc. Ltd vs Manish Developers And Ors
2023 Latest Caselaw 3482 Bom

2023:BHC-OS:2862



                                                                                    1-CRR-84-23.doc

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

                                    COURT RECEIVER'S REPORT NO. 84 OF 2023
                                                          IN
                                    EXECUTION APPLICATION NO. 1551 OF 2012
                    Manish Mahal Co-operative Housing Society              ...Claimant

                            Versus

                    Manish Developers & Ors.                               ...Defendants
                                                       ----------
                    Dr. K.K. Khanna for the Applicant.
                    Mr. Vikram Sathaye for the Respondent No. 2.
                    Mr. E.B. Sivakumar, 1st Asstt. to Court Receiver present.
                                                       ----------

                                                      CORAM : R.I. CHAGLA J
                                                       DATE : 10 April 2023
                    ORDER :

1. The learned Counsel appearing for the Judgment

Debtor/Respondent No. 2 states on instructions that the amount

payable on 31st March 2023 together with further interest at 9% per

annum will be paid in two installments. First 50% will be paid by

12th June 2023 and balance 50% will be paid by 17th August 2023.

The statement is accepted as an undertaking to this Court.

2. It is made clear that if there is any default in making

1-CRR-84-23.doc

payment, the Court Receiver appointed by this Court shall proceed

with the sale of the suit premises.

3. In view of the above statement, the decree shall stand

satisfied upon aforementioned payment made within the period of

four months and which statement is accepted as an undertaking to

this Court.

4. It is clarified that the aforementioned payment shall be

deposited with the Prothonotary & Senior Master of this Court as per

the aforementioned schedule.

5. Execution Application No. 1551 of 2012 shall be placed

for compliance on 14th June 2023 at 2.30 p.m.

6. The Court Receiver shall only be discharged once the

decree is satisfied in the above terms

7. The Court Receiver's Report No. 84 of 2023 which is in

compliance with the order dated 20th February 2023 stands disposed

of.

[R.I. CHAGLA J.]