Bombay High Court
Amrutlal Premji Patel vs Nirman Realtors And Developers Limited ... on 8 May, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
1 52 comex 30-17 with chol 479-19 and ors-os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL EXECUTION APPLICATION NO.30 OF 2017
WITH
CHAMBER ORDER (L) NO.479 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO.30 OF 2017
WITH
INTERIM APPLICATION NO.1794 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO.30 OF 2017
WITH
INTERIM APPLICATION (L) NO.29227 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO.30 OF 2017
AND
INTERIM APPLICATION NO.1793 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO.30 OF 2017
Amrutlal Premji Patel ... Applicant/Judgment Creditor
Vs.
Nirman Realtors and Developers
Limited and ors. ... Respondents/Judgment Debtors
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Mr. Aseem Nafade with Mr. Yogendra Rajgor i/by M/s Legal Chartered,
Advocate for the Applicant/Judgment Creditor.
Mr. Ravi Gadagkar with Ms. Madhuri Gaikwad i/by M/s MG Legal,
Advocates for the Respondents No.1 to 3/Judgment Debtors.
Mr. S. K. Dhekale, Court Receiver with Mr. Nitin Pawar, OSD, Court
Receiver are present.
-------
CORAM : ABHAY AHUJA, J.
DATE : 08 MAY, 2024.
Digitally
PRIYA
signed by
PRIYA
RAJESH
P.C. :
RAJESH SOPARKAR
SOPARKAR Date:
2024.05.10
10:35:36
+0530 1. Pursuant to order dated 27th March, 2024, today when the matter
Priya R. Soparkar 1 of 3
2 52 comex 30-17 with chol 479-19 and ors-os.doc
is called out, the learned Court Receiver tenders across the Bar Court
Receiver's Report No.202 of 2024 seeking the following directions:-
"(a) What steps the Court Receiver should take in
respect of 8 suit properties as valuation in sealed
envelope is received from the valuer M/s H. Mehta and
Associates.
(b) The cost of report be fixed at Rs.5,000/- and the
Court Receiver may be allowed to deduct the same from
the balance available in the suit account."
2. This Court is informed by Mr. S. K. Dhekale, learned Court Receiver
that after taking symbolic possession of the 8 properties referred to in
order dated 27th March, 2024, M/s H. Mehta & Associates-Architect and
Valuer on the panel of the Court Receiver was appointed to carry out the
valuation of the said properties on "as is where is basis" and that the
Valuer has submitted his report which is placed in a sealed cover. Under
the directions of this Court, the sealed cover is opened and the said report
is perused. The conclusion at page 5 paragraph 6 of the report indicates
that in the opinion of the Valuer the total fair market valuation of the
suit properties as on 6th May, 2024 is Rs.3,09,89,116/-. The report is taken
on record. The learned counsel for the parties have requested copy of the
report. Let copy of the report be furnished to them upon an appropriate
Application be made in that behalf.
Priya R. Soparkar 2 of 3
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3. Both the learned counsel for the parties submit that this Court direct
the Court Receiver to call for a meeting so that the terms and conditions,
the schedule for the auction of these properties and the modalities for the
said auction can be discussed and the draft of the same can be put up for
approval of this Court by the next date.
4. Let the Court Receiver call for a meeting to discuss the terms within
a period of eight weeks. Let the Respondents furnish to the Court
Receiver as well as to the Applicant a statement of the stage of
construction of each of the 8 properties in question within a period of two
weeks.
5. List on 18th July, 2024.
6. Let the cost of the report fixed at Rs.5,000/- be paid by the
Applicant / Decree Holder within a period of four weeks.
7. The Court Receiver's Report accordingly stands allowed and
disposed as above.
(ABHAY AHUJA, J.)
Priya R. Soparkar 3 of 3
