Saffron Lifespaces Private Limited vs Mehul Ashok Marolia
2023 Latest Caselaw 12743 Bom

Bombay High Court

Saffron Lifespaces Private Limited vs Mehul Ashok Marolia on 13 December, 2023

Author: Bharati Dangre

Bench: Bharati Dangre

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION
             EXECUTION APPLICATION NO. 426 OF 2021

Saffron Lifespaces Private Limited                   .. Applicant
                   Versus
Mehul Ashok Marolia                                  .. Respondent
                                 ...

Mr. Romit Tiwari i/b Solicis Lex for the Respondent.
Mr. D.S. Chaudhari, Deputy Sheriff of Mumbai present.
Mr. Mehul Ashok Marolia, respondent present in Court.

                            CORAM: BHARATI DANGRE, J.

DATED : 13th DECEMBER 2023 P.C:-

Sheriff's Report No.70 of 2023

1 In pursuant to the Warrant for Sale of the immovable property dated 19/09/2022, issued by this Court and pursuant to the Proclamation of Sale settled by the Commissioner for taking accounts, High Court, Bombay on 7/09/2023, the valuation of the suit property is carried out and the report in a sealed envelope is tendered in the Court.

The Valuation Report submitted by M/s. N.M. Shah and Associates is in respect of the right, title and interest in the immovable property belonging to and in possession of the judgment debtor, Mr. Mehul Ashok Marolia, in form of Flat No.704, Building No. 48, Kaladarshan CHS Ltd., MHADA Complex, Ganesh Nagar Link Road, Kandivali (W), Mumbai- 400 067.

2 The Sheriff's Report inform that the plaintiff has deposited an amount of Rs. 50,000/- towards the cost of valuation

Ashish

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and advertisement of the above suit property and permission is sought to make the payment of the valuation charges to M/s. N.M. Associates from the amount deposited by the plaintiff.

3 In the wake of the Proclamation of the Sale and since the steps were required to be taken for auction of the said property, the Sheriff along with his report has forwarded the proposed schedule of auction sale and for keeping the offers before the Chamber Judge on 9/01/2024.

In the wake of the proclamation, since the necessary steps are taken for putting the property of the judgment debtor for sale, I deem it appropriate to approve the schedule of auction, as per the Sheriff's Report.

4 At this stage, Mr. Mehul Ashok Morolia, who is present in the Court, through his counsel make a request for postponing the auction sale as he propose to bring the amount under the award dated 22/12/2017, in this Court towards its full and final satisfaction.

I must however observe that except making the bald statement, there is no positive step taken by him indicating or expressing his intention to pay the decreetal amount which as on date is approximately Rs. 37,00,000/-.

In any case, it is upto him to satisfy the decree and this he can do before the bids are received in this Court, on showing his bonafides, which must definitely inspire confidence of the Court.

Sheriff's Report stands disposed off, by approving the proposed schedule of auction.

( SMT. BHARATI DANGRE, J.)

Ashish