Velji Akheraj Buricha vs Prem Leela Developers And 2 Ors
2024 Latest Caselaw 344 Bom

Bombay High Court

Velji Akheraj Buricha vs Prem Leela Developers And 2 Ors on 8 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                  9-IA 3601.2022 in EXA(L) 23143.2022 in COMS 648.2017.doc

                    Kavita S. J.


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

                                    INTERIM APPLICATION NO. 3601 OF 2022
                                                     IN
                                 EXECUTION APPLICATION (L) NO.23143 OF 2022
                                                     IN
                                      COMMERCIAL SUIT NO.648 OF 2017

                    Velji Akheraj Buricha                                         ...Applicant/
                                                                                   Decree Holder,
                                                                                   Org. Plaintiff
                            Versus

                    Prem Leela Developers & Ors.,                                 ...Respondents

                                                             ----------
                    Mr. Tushar Bhavsar i/b Rutvij Bhatt, Advocate for Applicant/Decree
                    Holder/Original Plaintiff.
                    Ms. Ankita Karmakar a/w Rishabh Mishtra i/b LR & Associates,
                    Advocates for Respondents.
                                               ----------

                                                             CORAM : R.I. CHAGLA, J.

                                                             DATE         : 8TH JANUARY, 2024.
                    ORDER :

1. By this Interim Application, the Decree Holder has sought

KAVITA appointment of Court Receiver under Order 40 Rule 1 of the Code of SUSHIL JADHAV

Civil Procedure, 1908 for implementation of the Consent Decree

dated 26th October, 2018 and for taking physical possession of the

9-IA 3601.2022 in EXA(L) 23143.2022 in COMS 648.2017.doc

properties mentioned in the Schedule attached to the Execution

Application. Further, consequential relief has been sought as well as

injunction restraining the Judgment Debtors from creating third party

rights in respect of the unsold Flats in the said project.

2. The learned Counsel appearing for the Respondents states

that the Advocates have recently been appointed and instructions are

required to be taken from the Respondents.

3. Considering that the Respondents/Judgment Debtors have

till date not paid the settlement amount of Rs.25 Crores alongwith

18% interest to the Decree Holder under the Consent Terms / Decree

and despite which they are dealing with the Suit properties which

form the subject matter of the Consent Terms / Decree as well as the

subject project, till the next date, the Respondents are injuncted from

many deal with the Suit properties forming part of the Consent Terms

/ Decree and which are more appropriately set out in the Affidavit-in-

Support of the Execution Application dated 4th January, 2024 at

Exhibits 1 & 2 thereof.

4. The Respondents shall file an Affidavit-in-Reply within a

period of two weeks from the date of this order.

9-IA 3601.2022 in EXA(L) 23143.2022 in COMS 648.2017.doc

5. The Interim Application alongwith Execution Application

shall be placed on 24th January, 2024, High on Board.

6. At this stage, the learned Advocate for the Respondents

undertakes to file Vakalatnama.

7. The Vakalatnama shall file within a period of one week

from today.

[R.I. CHAGLA, J.]