Minal Kirit Makwana And Others vs Pravin Dhirajlal Makwana And ...
2023 Latest Caselaw 4102 Bom

                                                                     4-crr-133-2023.doc

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

                      COURT RECEIVER'S REPORT NO.133 OF 2023
                                             IN
                         EXECUTION APPLICATION NO.65 OF 2018


       Minil Kirit Makwana & Ors.                              ...Claimants

               Versus

       Pravin Dhirajlal Makwana & Ors.                         ...Respondents

                                          ----------
       Mohini D. Thorat i/b. Atmaram Patade for Applicants / Claimants.
       Mr. Naphade for the Judgment Debtor.
       Mr. Shridhar Dekhale, Court Receiver is present.
                                          ----------

                                         CORAM : R.I. CHAGLA J

                                           DATE        : 24 APRIL 2023

       ORDER :

1. The learned Advocate appearing for the Claimants states

that despite several letters addressed to the Claimants, they have not

come forward and due to which the direction for publishing notice of

sale has not yet been complied with.

2. The Court Receiver by the Court Receiver's Report

4-crr-133-2023.doc

No.133 of 2023 has sought directions with regard to the sale of the

subject flat and car as notice of sale was not published by the

Advocate for the Claimant.

3. The original title deeds of the subject flat to be deposited

by Indiabulls Housing Finance Limited have been tendered before

this Court and which is recorded in order dated 6th March, 2023.

4. Mr. Naphade learned Counsel appearing for the

Judgment Debtor has sought extension of time to file Affidavit in

Reply to the Execution Application No.65 of 2018. Accordingly,

extension of time is granted. The Judgment Debtor shall file Affidavit

in Reply to the Execution Application on or before 7th June, 2023.

5. Accordingly, office shall issue notice to the Claimant,

returnable on 12th June, 2023 at 2.30 p.m. The Notice shall mention

that the Claimant shall remain present in person on that date.

[ R.I. CHAGLA J. ]