Bombay High Court
Pinak Bharat And Co vs Anil Ramrao Naik on 8 March, 2023
Bench: R. I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2023.03.10
15:14:25 +0530
24-ial-436--25802-23-22.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.436 OF 2023
WITH
INTERIM APPLICATION (L) NO.25802 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO.22 OF 2016
Pinak Bharat & Co. and Anr. ...Applicants /
Decree Holders /
Plaintiffs
Versus
Anil Ramrao Naik & Ors. ...Defendants
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Mr. Prerak Sharma, Nihir Dedhia, Vaibhav Kulkarni and Rushikesh
Bhagat i/b. Prerak A. Sharma for the Applicant.
Mrs. Jyoti Chavan, AGP for Respondent - State.
Dhruti Kapadia, with Sheetal Metkari i/b. Sunil Sonawane for the
BMC.
Mr. D.S. Choudhary, Deputy Sheriff is present.
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CORAM : R.I. CHAGLA J
DATE : 8 MARCH, 2023
ORDER :
1. By this Interim Application, the Applicant / Decree
Holders are seeking implementation of the order dated 30th October,
24-ial-436--25802-23-22.doc
2018 which had been passed in the Commercial Execution
Application No.22 of 2016. By the said order, it was recorded that the
Decree Holders have deposited with the Deputy Sheriff an amount of
Rs.5,90,78,360/- which includes the EMD amount of Rs.50 lakh.
Accordingly, it has been recorded that the purchase price has been
fully paid. The Decree Holders has requested that the sale be
confirmed in favour of their nominee M/s. Win Win Associates. This
was permitted. The necessary sale certificate was to be issued by the
Prothonotary and Senior Master. There were further directions issued
by this Court viz. that the Deputy Sheriff will clear all statutory
liabilities with regard to the schedule property from the surplus funds
in his hands. The auction purchasers and its nominee are not liable
for claims or charges arising in respect of the property prior to the
date when the auction purchaser's bid was accepted.
2. The Decree Holders and Win Win Associates were
entitled to apply on the basis of production of an authenticated copy
of this order to all revenue, city survey and municipal authorities as
also to MHADA for updating, mutating or effecting necessary changes
in all land records, property cards and property registers. The
Prothonotary and Senior Master was to inform the revenue and
24-ial-436--25802-23-22.doc
municipal authorities of the confirmation of sale of this property in
favour of M/s. Win Win Assocaites.
3. Mr. Prerak Sharma, the learned Advocate appearing for
the Applicants states that the Judgment Debtor is obstructing the
implementation of the order dated 30th October, 2018 and has issued
letter to all tenants / occupants of the auctioned property by letter
dated 1st November, 2022 seeking to assert that he continues to be
the owner of the auctioned property. The Judgment Debtor has made
assurance to the occupants that he will develop the subject property
and clear arrears of rent. Further, the Judgment Debtor has called
upon the tenant / occupants to attend his office and provide certain
documents.
4. Mr. Prerak Sharma has further stated that Judgment
Debtor / Respondent No.1 continues to be on site of the auctioned
property and is continuing to represent to the public at large that he
is the owner of the auctioned property and that is entitled to deal
with the same. He states that the Applicants had caused a board to be
put on 27th November, 2022 at the entrance of the auctioned
property thereby putting the public at large to notice of the
24-ial-436--25802-23-22.doc
Applicants title to the said property. The Applicants have further
stated that on 28th November, 2022, it was found that the said board
had been forcibly removed and taken away. The police complaint has
been filed with Senior Police Inspector, Dadar Police Station which is
annexed at Exhibit D to the Interim Application. A photograph of
auctioned property on 27th November, 2022 is annexed at Exhibit D.
5. Mr. Prerak Sharma has accordingly sought for
appointment of the Court Receiver in view of the Judgment Debtor /
Respondent No.1 obstructing the implementation of the order dated
30th October, 2018 as aforementioned. He has further submitted that
necessary safeguards be provided with respect to the auctioned
property for the Applicants to restart and take forward the stalled
redevelopment project.
6. Ms. Dhruti Kapadia, the learned Counsel for Respondent
No.3, MCGM states that there are outstanding payments to be made
in respect of property, taxes which are due and payable prior to the
order dated 30th October, 2018 and the period subsequent thereto.
She has referred to the bill outstanding of the MCGM which shows
the outstanding amounts payable in respect of the subject property.
24-ial-436--25802-23-22.doc
7. Having considered the submissions, prior to considering
whether the Applicants and Win Win Associates names are to be
mutated in the revenue records as well as property cards and
property registers, it would be necessary to issue directions with
regard to the outstanding property taxes. In that context, the
Respondent No.3 MCGM are directed to file an additional Affidavit
bringing on record the outstanding amounts as and by way of
property taxes which are dues in respect of the subject property both
prior to the order dated 30th October, 2018 and thereafter.
8. It is mentioned by Mr Prerak Sharma that the statement
of outstanding bills have included payments for land under
consideration which are not permitted by order of the Supreme Court
in the Appeal filed by the Property Owners Association. Ms. Dhruti
Kapadia, learned Counsel for the MCGM shall take instructions in this
context.
9. Considering that the Judgment Debtor is obstructing
implementation of the order dated 30th October, 2018, the Deputy
Sheriff is directed to take forcible possession of the subject property
within a period of one week from the date of this Order including
24-ial-436--25802-23-22.doc
with the help of police protection, if necessary. In the event the
Judgment Debtor further obstructs the implementation of this order
as well as order dated 30th October, 2018, this will result in
Contempt Notice being issued against the Judgment Debtor for
having committed breach of the orders of this Court.
10. It is made clear that the expenses borne by the
Deputy Sheriff in taking physical possession of the subject property
including putting of the name of Deputy Sheriff on the subject
property and provision of security guards shall be borne by the
Applicants.
11. The Interim Application shall be placed on 17th
March, 2023, as one of the first of the high on board mattes.
[R.I. CHAGLA J.]
