Bombay High Court
Tata Global Beverages Limited vs Intermodal Transport And Trading ... on 28 August, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
1-EXA-378-2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SHERIFF'S REPORT NO. 49 OF 2024
IN
EXECUTION APPLICATION NO. 378 OF 2014
TATA GLOBAL BEVERAGES LIMITED )...APPLICANT
V/s.
INTERMODAL TRANSPORT AND TRADING )
SYSTEMS PRIVATE LIMITED )...RESPONDENT
Mr.Astad Randeria a/w. Mr.Pinkesh Shah i/by Mulla & Mulla & Craigie
Blunt & Caroe, Advocate for the Applicant/Decree holder.
Mr.Ranjeev Carvalho a/w. Mr.Sachin Chandarana, Ms.Rajvi Shah and
Mr.Amol Rasal i/by Manilal Kher Ambalal & Co., Advocate for the
Respondent.
Mr.D.S.Choudhari, Deputy Sheriff, present in Court.
CORAM : ABHAY AHUJA, J.
DATE : 28th AUGUST 2024
P.C. :
1. This Sheriff's report seeks the following prayers :
(a) the Hon'ble Court may consider the Re-Valuation Report
Digitally
signed by
ARTI
ARTI VILAS
VILAS KHATATE
KHATATE Date:
submitted by the Valuer M/s. AT & TS Associates in respect of right,
2024.08.29
17:45:38
+0530
title and interest of the Respondent abovenamed in their ownership
immovable property situated at ITTS House, 6 th floor 28, K. Dubhash
1-EXA-378-2014.doc
Marg, Shri. Sai Saba Marg, Mumbai - 400 023 bearing Cadastral
Survey No.138;
(b) the Sheriff of Mumbay may be directed to make payment of
Rs.39,812.50 (Rupees Thirty Nine Thousand Eight Hundred Twelve and
Paise Fifty only) towards the valuation charges to M/s. AT & TS
Associates from the amount deposited by the Claimant;
(c) that the Sheriff of Mumbai may be directed to settle the terms
and conditions in respect of conducting auction sale of the aforesaid
suit property in the above matter as per the proposed schedule of
auction sale which is annexed hereto Exhibit 'B'.
2. Mr.Randeria, learned Counsel, appears for the Judgment creditor
and submits that he has no objection to the prayers being granted.
Mr.Carvalho, learned Counsel, appears for the Respondent and submits
that he has limited instructions and submits that time be granted to file
Vakalatnama.
3. It is observed from the report that the Respondent was
represented at the time of the meetings on 27 th March 2024, 10th April
2024, 8th May 2024 and 21st June 2024 as recorded in paragraph 5 of
the Sheriff's report. The Sheriff's report refers to the Valuation report
1-EXA-378-2014.doc
submitted by M/s.AT & TS Associates. Under directions of this Court,
the said report is opened and is perused. The report is with respect to
the valuation of office premises situated at ITTS House, 6 th Floor, 28 K
Dubash Marg, Mumbai - 400 023. The report is directed to be kept
back in the cover and resealed, to be opened on the date of opening of
offers.
4. The earnest money deposit is fixed at Rs.55 lakhs. Let the same
be entered in the proposed schedule for auction which has been
perused.
5. Accordingly, the Sheriff's Report No.49 of 2024 is allowed in
terms of prayer clauses (a) to (c) as above and stands disposed.
6. List on 1st October 2024 at 2.30 p.m. for opening of offers of
bidders.
(ABHAY AHUJA, J.)
