Mahendra Mohanlal Jain vs Arvind Vasantlal Sheth And Anr
2024 Latest Caselaw 24936 Bom

Citation : 2024 Latest Caselaw 24936 Bom
Judgement Date : 28 August, 2024

Bombay High Court

Mahendra Mohanlal Jain vs Arvind Vasantlal Sheth And Anr on 28 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        ORDINARY ORIGINAL CIVIL JURISDICTION
                                             IN ITS COMMERCIAL DIVISION

                                               SHERIFF'S REPORT NO.40 OF 2024

                               COMMERCIAL EXECUTION APPLICATION NO.1375 OF 2018

                      MAHENDRA MOHANLAL JAIN                                  )...APPLICANT
                               V/s.
                      ARVIND VASANTLAL SHETH AND ANOTHER      )...RESPONDENTS
                                                WITH
                                 INTERIM APPLICATION NO. 546 OF 2019
                                                 IN
                          COMMERCIAL EXECUTION APPLICATION NO.1375 OF 2018

                      Mr.Ish Jain a/w. Ms.Neha Raut i/by Kiran Jain & Co., Advocate for the
                      Judgment Creditor.
                      Mr.Anand Sheth, Son and Power of Attorney Holder for the Respondent
                      No.1 - Mr.Arvind V. Sheth, present in person.
                      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 :

Digitally signed by

a) the Hon'ble Court may consider the Valuation Report submitted ARTI ARTI VILAS VILAS KHATATE KHATATE Date:

2024.08.29 17:45:38 by the Valuer M/s. Shrinivas M. Kini & Co in respect of right, title and +0530

interest of the Judgment Debtors in the ownership premises viz. Flat

No.104, Jolly Maker-III, Prakash Peth Marg, Colaba, Mumbai-400 005;

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b) the Sheriff of Mumbai may be directed to make payment of

Rs.99,710/- (Rupees Ninety Thousand Seven Hundred Ten only) of the

valuation charges to M/s. Shrinivas M. Kini & Co from the amount

deposited by the Judgment Creditor;

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' ;

d) If the prayer (c) is granted, the Judgment Creditor may be

directed to further deposit an amount of Rs.30,000/- (Rupees Thirty

Thousand only) towards the cost of publication of auction sale notice;

2. Mr.Jain, learned Counsel, appears for the Judgment creditor and

submits that while he has no objection to allowing the Sheriff's report,

he seeks permission of this Court to participate in the auction of the

property being Flat No.104, Jolly Maker III, G.D.Somani Marg, Cuffe

Parade, Mumbai - 400 005.

3. Mr.Anand Sheth, son of the Judgment debtor no.1, appears and

firstly submits that the address of the property as described in the

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Sheriff's report is incomplete and the same should be Flat No.104, Jolly

Maker III, G.D.Somani Marg, Cuffe Parade, Mumbai - 400 005.

Otherwise, Mr.Anand Sheth submits that his father has no objection if

the proposed schedule of auction proceeds as per the Sheriff's report.

4. It is observed from the Sheriff's report that the said property

being Flat No.104, Jolly Maker III, G.D.Somani Marg, Cuffe Parade,

Mumbai - 400 005 has been valued by M/s.Shrinivas M. Kini & Co.

Under directions of this Court, the Valuation report is opened from the

sealed cover and the same is perused. The report pertains to Flat

No.104, 10th Floor, Jolly Maker III, Varuna Premises Co-operative

Housing Society Limited, Plot No.119, Block No.V, Backbay Reclamation

Scheme, Cuffe Parade, Colaba, Mumbai - 400 005. The learned

Counsel for the Judgment creditor as well as the son of the Judgment

debtor no.1, who is present in Court, and the learned Deputy Sheriff

confirm that the description of the property, as submitted by Mr.Anand

Sheth, who is present in Court, is of the same property, in respect

whereof the valuation has been carried out.

5. After perusal, the report is directed to be put in cover and

resealed. The earnest money deposit is fixed at Rs.50 lakhs. Let the

2-COMEX-1375-2018.doc

same be entered in the schedule of auction sale. The proposed auction

sale is also perused.

6. Accordingly, the following order is passed :

(i) The Sheriff's Report No.40 of 2024 is allowed in terms of prayer

clauses (a) to (d) except that the description of the property be

replaced by the description as contained in paragraphs above.