Geeta Umesh Gandhi vs Prashama Shukla And Anr
2023 Latest Caselaw 3758 Bom

                                                          6.IAL.9145.23 in SL.1242.18 wt..doc



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

                    INTERIM APPLICATION (L) NO. 9145 OF 2023
                                      WITH
                     COURT RECEIVER'S REPORT NO. 71 OF 2023
                                        IN
                            SUIT (L) NO. 1242 OF 2018


Geeta Umesh Gandhi                      ...    Applicant/
                                             Intending Purchaser

In the matter between

Prashama Shukla & Anr.                  ...    Plaintiffs

           Versus

Heena Builders & Developers & Ors. ...       Defendants



Ms. Sapana Rachure for the Plaintiff in SL/1242/2018.
Mr. Nishant Sasidharan a/w Ms. Gauri Mestha i/b LJ Law for the
Judgment Creditor and Original Plaintiff in S/817/2015.
Mr. Harshad Sathe a/w Ankita Pawar and Mr. Harshavardhan Khambete
for the Applicants in IAL/8938/2023 and IAL/8997/2023.
Mr. Jamshed Master i/b Kuber Wagle for Defendant Nos.1 and 2.
Ms. Sonal Sanap i/b M/s. Apex Law Partners for Indiabulls Housing
Finance Limited.
Mr. Naushad Engineer, Mr. Shanay Shah, Mr. Kalpesh Mehta, Ms. Mansi
Shah i/b Pravin Mehta and Mithi & Co. for the Applicant.
Ms. Kausar Banatwala a/w Ms. Dhwani Patel i/b Tushar Goradia for Gokul
Ashirwad Residents Association.
Ms. R.V. Rane, 2nd Asstt. to C.R. present.


                                  CORAM :     R.I. CHAGLA, J.
                                  DATED :     17th APRIL, 2023.


Waghmare                                                                                 1/3



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                                                      6.IAL.9145.23 in SL.1242.18 wt..doc



ORDER :

1 The learned Counsel appearing for M/s. Indiabulls Housing

Finance Ltd. has pursuant to the order dated 10.04.2023 made an

appearance. She has sought time of one week to take instructions as the

said order was communicated only on 15.04.2023. As per the said order

instructions are required to be taken as to whether there is any

encumbrance on the said flat in view of no due certificate dated

20.01.2015 (inadvertently mentioned as 18.01.2015, which shall be

corrected in the said order dated 10.04.2023) issued by M/s. Indiabulls

Housing Finance Ltd. in respect of the subject flats. It was further noted

in the said order dated 10.04.2023 that pursuant to the search conducted

of the documents in the Sub-Registrar office 1 to 7 encumbrances have

been shown as of 31.03.2012 i.e. prior to the No Due Certificate issued by

M/s. Indiabulls Housing Finance Ltd. However, documents in the Sub-

Registrar's office have not yet been updated to show whether the

encumbrances in favour of M/s. Indiabulls Housing Finance Ltd. remains

on the record or it stands satisfied.

2 Accordingly, the requisite instructions shall be taken and

affidavit shall be filed by M/s. Indiabulls Housing Finance Ltd. on or

before 21.04.2023.

Waghmare                                                                            2/3




                                                             6.IAL.9145.23 in SL.1242.18 wt..doc



3                 M/s. Indiabulls Housing Finance Ltd. shall also in the said

affidavit mention whether the original title deeds in respect of the subject

flats are still in their possession.

4                 Place the matter on 24.04.2023 at 2.30 p.m.




                                                       (R.I. CHAGLA, J.)




Waghmare                                                                                   3/3