Bhagwan Thadhani @ Bhagwan ... vs Tridhaatu Asset Holdings Llp And ...
2023 Latest Caselaw 3959 Bom

                                   1-CRR 41.2023 in COMEX(L) 22692.2021 in COMSS 4.2020.doc


K.S. Jadhav
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION

                   COURT RECEIVER'S REPORT NO.41 OF 2023
                                     IN
                 COMMERCIAL EXECUTION (L) NO. 22692 OF 2021
                                     IN
                    COMMERCIAL SUMMARY SUIT 4 OF 2020

     Bhagwan Thadani @ Bhagwan Thadhani                    ...Applicant/
                                                           Judgment Creditor /
                                                           Original Plaintiff
                  Versus
     Tridhaatu Asset Holdings LLP & Anr.,                  ...Respondents/
                                                           Judgment Debtors/
                                                           Original Defendants

                                           ----------
     Dr. Birendra Saraf, Senior Counsel a/w Mr. Naushad Engineer a/w
     Mr. Vaibhav Charulwar a/w Mr. Sharad Bansal a/w Mr. Murtuza
     Federal a/w Mr. Veer Asher a/w Mr. Sudarshan Sutalkar, Advocates
     for Applicant/Judgment Creditor.
     Mr. Saket Mone, Counsel a/w Mr. Abhishek Salian i/b Vidhii Partners,
     Advocate for the Judgment Debtors.
     Mrs. Rekha Rane, IInd Assistant to the Court Receiver present.
                                           ----------

                                          CORAM : R.I. CHAGLA J.

                                          DATE          : 20TH APRIL, 2023.
     ORDER :

1. The matter had been stood over to comply with the order

dated 29th March, 2023.

1-CRR 41.2023 in COMEX(L) 22692.2021 in COMSS 4.2020.doc

2. Mr. Saket Mone, learned Counsel appearing for the

Judgment Debtors states that the interested purchaser has been

found for Flat No.1814 and this has been communicated to the

Judgment Creditor. The purchase consideration for Flat No.1814 is

in excess of Rs.3 Crores. He states on instructions that the sum of

Rs.30 Lakh will be paid by the Judgment Debtors to the Judgment

Creditor on or before 26th April, 2023. The statement is accepted.

3. Mr. Mone further states that the parties are working out a

settlement to pay the remaining decretal amount and further

incidental amount and for which Consent Terms will be filed by 27 th

April, 2023.

4. Mr. Mone states that one of the partners of the Judgment

Debtors viz. Mr. Pritam Chivukala is unwell and has not remained

present today. He tenders copy of the Medical Certificate, wherein

Mr. Chivukala has been prescribed medication on 18th April, 2023.

The Medical Certificate is taken on record and marked 'X' for

identification.

5. Accordingly, presence of Mr. Pritam Chivukala is dispensed

with.

1-CRR 41.2023 in COMEX(L) 22692.2021 in COMSS 4.2020.doc

6. Place the matter on 27th April, 2023 at 2.30 p.m. for

Settlement / Consent Terms.

[R.I. CHAGLA J.]