Il And Fs Financial Services Limited ... vs Kohinoor Realty Management Private ...
2024 Latest Caselaw 108 Bom

Bombay High Court

Il And Fs Financial Services Limited ... vs Kohinoor Realty Management Private ... on 3 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                               11-SJ-44-2019.doc


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

                  SUMMONS FOR JUDGMENT NO.44 OF 2019
                                 IN
                 COMMERCIAL SUMMARY SUIT NO.839 OF 2019

 IL AND FS FINANCIAL SERVICES LIMITED (IFIN))...PLAINTIFF

          V/s.

 KOHINOOR REALTY MANAGEMENT PRIVATE                    )
 LIMITED AND OTHERS                                    )...DEFENDANTS


 Mr.Akash Jain, Mr.Aakash Mehta, Ms.Alisha D'Souza i/by Mansukhlal
 Hiralal & Co., Advocate for the Plaintiff.
 Mr.Akshay Patil a/w. Ms.Neha Patil a/w. Ms.Rina Ram i/by Mr.Akshay
 Vijay Kamble, Advocate for the Defendant no.1.
 Mr.Mandar Soman, Advocate for the Defendant no.2.

                               CORAM    :     ABHAY AHUJA, J.

                               DATE     :     3rd JANUARY 2024

 P.C. :

1. This matter has been listed today as the learned Counsel submit

that the Valuer appointed by this Court from the Panel of Valuers

pursuant to order dated 18th December 2023 has informed the parties

that the Valuer is no longer practicing as a Valuer. Both the learned

Counsel submit that another Valuer from the Panel of Valuers be

11-SJ-44-2019.doc

appointed for valuation of 2,74,000/- equity shares of Kohinoor Planet

Constructions Private Limited as mentioned in paragraph no.(B) of the

letter dated 11th July 2023. Accordingly, this Court appoints

M/s.Kishore Karamsey & Co. as a Valuer. The address and details are as

under :

Address : 116, 1st Floor, Bharat Industrial Estate, Tokersi Jivraj Road, Sewri West, Mumbai - 400 015 E-mail : [email protected] Mobile : 98203 19610

2. The Valuer to independently proceed to value the said equity

shares and complete the valuation within a period of two weeks and

submit a report by the next date with copies to the parties.

3. The Defendants no.1 and 2 have agreed to bear the costs of the

valuation of the shares initially. However, the same shall be subject to

the final outcome of the suit where it would be decided which party

would bear the costs.

4. As recorded in order dated 18th December 2023 all contentions of

the parties with respect to the valuation of 2,74,000 equity shares of

Kohinoor Planet Constructions Private Limited are kept open.

5. List on 31st January 2024.

(ABHAY AHUJA, J.)