Bombay High Court
Manish Mahal Co-Op. Hsg. Soc. Ltd vs Manish Developers And Ors on 20 February, 2023
Bench: R. I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2023.02.22
12:34:41 +0530
2-crr-371-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COURT RECEIVER'S REPORT NO.371 OF 2022
IN
EXECUTION APPLICATION NO.1551 OF 2012
WITH
REVIEW PETITION (L) NO.1 OF 2020
WITH
INTERIM APPLICATION NO.292 OF 2020
WITH
INTERIM APPLICATION (L) NO.12456 OF 2022
WITH
CHAMBER SUMMONS NO.819 OF 2019
WITH
CHAMBER SUMMONS NO.820 OF 2019
WITH
CHAMBER SUMMONS NO.822 OF 2019
Manish Mahal CHS Ltd. ...Claimant
Versus
Manish Developers & Ors. ...Respondents
----------
Dr. K.K. Khanna for the Claimant.
Mr. Vikram Sathaye, i/b. Somnath Thengal for Respondent No.2.
Mr. E.B. Sivakumar, 1st Asstt. to Court Receiver is present.
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1/4
2-crr-371-2022.doc
CORAM : R.I. CHAGLA J
DATE : 20 FEBRUARY, 2023
ORDER :
1. Mr. Vikram Sathaye, learned Counsel appearing for the
Respondent No.2 states that the sum of Rs.15 lakhs which was to be
deposited with the Prothonotary and Senior Master of this Court as
per his statement recorded on 30th January, 2023 has been deposited
within the stipulated time of two weeks from the date of the order.
2. In so far as the interest amount is concerned, there are
conflicting claims as to the interest outstanding.
3. Accordingly, the statement of outstanding interest shall
be filed with the Court Receiver's Office within a period of two weeks
from the date of this Order.
4. It is accordingly noted that in compliance of the order
dated 30th January, 2023, the Respondent No.2 has deposited sum of
Rs.15 lakhs with the Prothonotary and Senior Master within the
period stipulated in the said order. Thus, at present there is no
2-crr-371-2022.doc
question of issuing any contempt notice to the Respondent in the
Chamber Summons taken out by the Applicant / Claimant.
5. Upon the rival claims as to the outstanding interest being
filed with the Court Receiver Office, a fresh report shall be prepared
by the Court Receiver and placed before this Court on 13th March,
2023 at 2.30 p.m.
6. Dr Khanna, learned Advocate appearing for the Claimant
submits that the Claimants intends to take out an application for
rejection of the claim being made by the Respondent No.2 to the Suit
flat and for bringing third party offerers who are intended to take the
Suit flat by way of private treaty. He has submitted that the amount
which is being offered by the Respondent No.2 is not as per value
which the Suit flat would fetch. Further, there have been breaches
committed by Respondent No.2 for which the above Chamber
Summons No.819 of 2019 has been taken out by the Judgment
Creditor.
7. Accordingly, in the event the Claimants intends to file
Application, same shall be filed before the next date and placed
2-crr-371-2022.doc
before this Court.
8. The Court Receiver's Report No.371 of 2022 placed
before this Court had sought direction for the steps to be taken by the
Court Receiver considering that inspite of two attempts to sell the
Suit flat by public auction, no offer having been received by the
Registry. However, in view of this Order, no directions are required to
be issued in the Court Receiver's Report and fresh Court Receiver's
Report to be filed shall be considered.
9. Accordingly, the Court Receiver's Report No.371 of 2022
is disposed of. The costs of the report fixed at Rs.5,000/- shall be
deposited by the Award Holder within a period of two weeks from
the date of this Order.
10. A fresh Court Receiver's Report shall be placed on
board on 13th March, 2023 at 2.30 p.m.
[R.I. CHAGLA J.]
