Bombay High Court
Kapol Co Opeative Bank Ltd vs Prashama Shukla And Anr on 27 February, 2023
Bench: R. I. Chagla
2-CRR-71-23.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COURT RECEIVER'S REPORT NO 71 OF 2023
IN
SUIT (L) NO. 1242 OF 2018
WITH
INTERIM APPLICATION (L) NO. 37515 OF 2022
IN
COURT RECEIVER'S REPORT NO. 318 OF 2022
Prashama Shukla & Anr. ...Applicant/
Plaintiff
Versus
Heena Builders and Developers & Ors. ...Defendant
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Ms. Sapana Rachure for the Plaintiff.
Mr. Kuber Wagle for the Defendant Nos. 1 and 2.
Mr. K.M. Sanghvi for the Applicants in IAL/37515/22 and
IAL/35985/22.
Ms. Gauri Mestha i/b LJ Law for Judgment Creditor in S/817/2015.
Ms. Disha Karambar Mulgaonkar a/w Ms. Priya Rita i/b Disha
Karambar and Associates for India Infoline Finance Limited and
Applicant in IAL/26630/2022.
Mr. Shridhar K. Dhekhale, C.R. present.
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CORAM : R.I. CHAGLA J
DATE : 27 February 2023
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2-CRR-71-23.doc
ORDER :
1. Court Receiver's Report No. 71 of 2023 has been placed
before this Court. Court Receiver pursuant to the order dated 2nd
January 2023 has taken steps to carry out the Court sale in
accordance with the schedule which had been fixed by the Court
Receiver and as per directions of this Court. The Report discloses the
steps taken on or before 27th February 2023, i.e. today.
2. The Court Receiver has received no offer in respect of the
Flat Nos. 601/6A and 602/6B, Gokul Ashirwad CHS Limited; Shop
Nos. 1 and 2, Vinayak CHS Ltd. and Flat No. 101, Nestor Court CHS
Ltd.
3. Learned Counsel appearing for the parties have
requested for the matter to be stood over by one week, for one more
opportunity to be given to inspect the said Flat Nos. 601/6A and
602/6B by any interested purchaser.
4. Accordingly, Court Receiver shall fix two dates i.e. 2nd
and 3rd March 2023 at 11 a.m. to 4 p.m. for granting inspection of
2-CRR-71-23.doc
the said flats to the interested purchasers.
5. Insofar as the Flat No. 5, 2nd floor, A Wing Viral
Apartment, S.V. Road, Andheri (West), Mumbai 400 058 is
concerned, an offer of Rs. 1,65,00,000/- has been received from one
Santosh Gopal Shetty. However, prior thereto an offer of Rs.
1,75,00,000/- had been rejected for the same flat.
6. There is an Interim Application filed by the India Infoline
Finance Limited ('IIFL') being Interim Application (L) No. 26630 of
2022. IIFL is the mortgagee in respect of the said Flat No. 5. The
learned Counsel appearing for the IIFL has sought for the Interim
Application to be heard separately.
7. Similar request is made by the learned Counsel for Kapol
Co-operative Bank who has filed Interim Application (L) No. 31547
of 2022 in respect of the said shops.
8. Learned Counsel appearing for the interested purchaser
of the said Flat No. 5 has sought one week's time to take instructions
and to see whether the offer can be improved.
2-CRR-71-23.doc
9. Accordingly, place Court Receiver's Report together with
the Interim Application (L) No. 26630 of 2022 and Interim
Application (L) No. 31547 of 2022 on 6th March 2023 at 2.30 p.m.
10. Court Receiver shall file fresh Report on or before
the next date disclosing whether any other offer is received for the
said Flat Nos. 601/6A and 602/6B as well as whether there is any
improvement in the offer for the said Flat No. 5.
11. Court Receiver shall hold a meeting for that
purpose with the parties on 4th March 2023 at 4.00 p.m.
[R.I. CHAGLA J.]
