Manish Mahal Co-Op. Hsg. Soc. Ltd vs Manish Developers And Ors
2023 Latest Caselaw 961 Bom

                                                              2-crr-371-2022.doc

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               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
                     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 the Respondent No.2.
      Mrs. Rekha Rane, 2nd Asstt. to Court Receiver.
                                       ----------

                                       CORAM : R.I. CHAGLA J.
                                       DATE  : 30 January 2023.
      ORDER :

1. The Court Receiver Report has been placed for directions

as to what steps to be taken by the Court Receiver as inspite of two

attempts to sell the Suit flat by public auction no offer is received.

2-crr-371-2022.doc

2. Mr. Sathaye, the learned Counsel for the Respondent

No.2, states on instructions that the Respondent No.2 will deposit a

sum of Rs.15,00,000/- with the Prothonotary and Senior Master of

this Court, which would satisfy the decreatal due within a period of

two weeks from the date of this Order. In so far as the interest

amount is concerned, instructions will be taken prior to the next

date. The statement is accepted. This is without prejudice to the

rights and contentions of the parties.

3. It is made clear that in the event Respondent No.2 does

not deposit the sum of Rs.15,00,000/- with the Prothonotary and

Senior Master within a period of two weeks from the date of this

Order, a contempt notice shall be issued to the Respondents in the

Chamber Summons No.819 of 2019 which has been taken out by the

Judgment Creditor.

4. Notice is issued to Respondent No.1, returnable on 20th

February, 2023. In addition to Court notice, the Advocate for the

Respondent No.2 is permitted to serve Respondent No.1 copy of this

Order as well as the notice of the next date by all possible modes of

private service and Affidavit of Service shall be filed on or before the

2-crr-371-2022.doc

next date.

5. The Court Receiver's Report No.371 of 2022 shall be

placed on board on 20th February, 2023.

[ R.I. CHAGLA J. ]