Bombay High Court
Prashama Shukla And Anr vs Heena Builders And Developers And ... on 6 March, 2023
Bench: R. I. Chagla
5-CRR 71.2023 in S(L) 1242.2018.doc
K.S. Jadhav
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
Prashama Shukla & Anr. ...Plaintiffs
Versus
Heena Builders and Developers & Ors. ...Defendants
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Ms. Sapana Rachure, Advocate for Plaintiffs.
Mr. Kuber Wagle, Advocate for the Defendant Nos. 1 and 2.
Mr. K.M. Sangani, Advocate for the Applicants in IA(L) 35985 of
2022.
Ms. Disha Karambar Mulgaonkar a/w i/b Disha Karambar, Advocate
for Applicant in IA (L) No.26630 of 2022.
Mr. Rahul Tripathi, Representative of India Infoline Finance Limited
present.
Mrs. Rekha Rane, IInd Assistatn to the Court Receiver present.
Mr. Nishant Sashidharan a/w Ms. Gauri Mestha i/b LJ Law for
Judgment Creditor in Suit No.817 of 2015.
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CORAM : R.I. CHAGLA J.
DATE : 6th MARCH, 2023.
ORDER :
1. The Court Receiver's Report No.78 of 2023 has placed before
this Court. This Report is being filed in continuation to Court
5-CRR 71.2023 in S(L) 1242.2018.doc
Receiver's Report No.71 of 2023. By the order dated 27 th February,
2023 passed on Court Receiver's Report No.71 of 2023, the Court
Receiver was directed to fix an appointment on 2 nd and 3rd March,
2023 from 11.00 a.m. to 4.00 p.m. for granting inspection of subject
Flat No.601/6A, 602/6B to the interested purchasers and thereafter
file fresh Report disclosing whether any offer is received in respect of
the subject Flat and whether there is any improvement in the offer
for Flat No.5.
2. The Court Receiver had accordingly fixed the appointment on
2nd March, 2023 and 3rd March, 2023 for allowing inspection of the
subject Flats and pursuant thereto, three interested purchasers had
taken inspection of the subject Flat. Thereafter, the Court Receiver
has by letter dated 4th March, 2023 received one offer in sealed
envelope from Mrs. Geeta Gandhi in respect of subject Flat
No.601/6A and 602/6B, Gokul Ashirwad, Plot No.14,4 th N.S. Road,
JVPD, Vile Parle (W), Mumbai - 400 056. The interested purchaser's
offer was opened at the meeting held by the Court Receiver on 4 th
March, 2023 in the presence of the advocates and parties and it was
noted that the interested purchaser had made an offer of
Rs.11,50,00,000/- accompanying with Pay order for EMD of
5-CRR 71.2023 in S(L) 1242.2018.doc
Rs.1 Crore.
3. The Court Receiver has also mentioned in the Court Receiver's
Report that in so far as Flat No.5 is concerned, the Registry had
received revised offer of Rs.1.85 Crores from Mr. Santosh Gopal
Shetty.
4. The Court Receiver has accordingly sought directions with
regard to the offer of Rs.11.50 Crores received from Mrs. Geeta
Gandhi in respect of the subject Flat No.601/6A and 602/6A as well
as directions with regard to the revised offer of Rs.1.85 Crores
received from Mr. Santosh Gopal Shetty in respect of said Flat No.5.
5. The interested purchaser Mrs. Geeta Gandhi has further
upped her offer for the subject Flat to Rs.11.75 Crores in view of
another interested Purchaser for the subject Flat being present in
Court having agreed to offer the sum of Rs.11.75 Crores. There are E-
mails received from other interested Purchaser offering a higher sum
than that offered by Mrs. Geeta Gandhi. However, the other
interested Purchasers have only now come forward. They have not
complied with the Schedule fixed by the Court Receiver, nor they
have deposited any EMD.
5-CRR 71.2023 in S(L) 1242.2018.doc
6. Accordingly, these offers are not accepted and the only offer
made by Mrs. Geeta Gandhi who has enhanced her offer to Rs.11.75
Crores and for which EMD of Rs.1 Crore has been deposited with the
Court Receiver, is accepted.
7. The Court Receiver is directed to enter into an Agreement for
Sale with Mrs. Geeta Gandhi with respect to the subject Flat Nos.
601/6A and 602/6B, Gokul Ashirwad CHS Ltd., subject to Mrs. Geeta
Gandhi depositing the balance sale consideration within a period of
four weeks from the date of this order.
8. In the event, the balance sale consideration is not deposited,
the offer of Mrs. Geeta Gandhi shall not be accepted without further
reference to the Court and the Court Receiver shall forfeit the EMD of
Rs.1 Crore.
9. In so far as the said Flat No.5 is concerned, the offer of
Rs.1.85 Crores received from Mr. Santosh Gopal Shetty as well as the
enhanced amount which he is willing to offer viz. Rs.1.85 Crores is
not acceptable. This is upon considering the Valuer-M/s Nadkarni &
Company's Report.
10. Accordingly, the Interim Application (L) No.26630 of 2022
5-CRR 71.2023 in S(L) 1242.2018.doc
filed by the India Infoline Finance Limited is required to be allowed
in respect of Flat No.5 and Interim Application (L) No.35985 of 2022
filed by Kapol Co-operative Bank Limited in respect of Flat No.101 is
required to be allowed. No further directions to the Court Receiver
are required in respect of the aforementioned Flats.
11. The Court Receiver is required to be accordingly discharged in
respect of said Flat Nos. 5 and 101 as well as subject Shop Nos. 1 and
2 in Vinayak Co-Operative Housing Society Limited. This will be by
separate orders in the Interim Application.
12. The costs of the Court Receiver's Report of Rs.5000/- each in
both the Reports is permitted to be appropriated from the Suit
Account.
13. At this stage, learned Counsel appearing for the Plaintiffs
states that by an order dated 11th October, 2018, this Court had
appointed a Court Receiver in respect of two properties viz. (i) Land
at village Dev, Taluka Radhapur Dist. Patan Gujarat bearing Survey
No.179 admeasuring 8272 sq. mtrs. approximately with 24 units
constructed on approximately 2113.94 sq. mtrs., which is
unencumberd ; (ii) Land at Wai - Tukdi Satara, Tukdi Taluka, Wai,
5-CRR 71.2023 in S(L) 1242.2018.doc
Village Yerud, admeasuring approximately 0.87 hectare, which is
unencumbered. He states that the Court Receiver has not taken
possession in respect of these two properties.
14. The IInd Assistant of the Court Receiver informs this Court
that the properties have not been demarcated. Accordingly, steps will
be taken by the Survey Officer of the concerned Districts to
demarcate the said properties and the Plaintiffs shall co-ordinate with
the District Survey Officers for demarcation of these properties. Upon
demarcation of these properties, the same shall be informed to the
Court Receiver and upon which the Court Receiver, shall take physical
possession of the subject properties.
15. The Judgment Creditor shall file undertaking in regular terms
with the Court Receiver for securing the subject properties upon
possession being taken by the Court Receiver. The cost of
demarcation as well as for securing the subject properties upon the
Court Receiver taking possession shall be borne by the Plaintiffs.
16. Accordingly, the Court Receiver's Report No.71 of 2023 and
78 of 2023 are disposed of.
[R.I. CHAGLA J.]
