Prithipal Surindersingh Chadha vs Mr. Jitenderpal Singh Chadha
2025 Latest Caselaw 5862 Bom

Bombay High Court

Prithipal Surindersingh Chadha vs Mr. Jitenderpal Singh Chadha on 19 September, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

 2025:BHC-OS:15600


                                                                                       1-CRR-167-2025.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

           Digitally
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
           signed by
           KANCHAN
KANCHAN
PRASHANT
           PRASHANT
           DHURI                          COURT RECEIVER'S REPORT NO. 167 OF 2025
DHURI      Date:
           2025.09.19
           16:34:45
           +0530                                               IN
                                            EXECUTION APPLICATION NO. 765 OF 2015
                         Fullerton India Credit Company Ltd.                    ... Applicant
                         In the matter between :
                         Prithipal Surindersingh Chadha                         ... Claimant
                                  Versus
                         Jitenderpal Singh Chadha                               ... Respondent
                                                      ............
                         Mr. Swayam Chopda, OSD, Court Receiver, present.
                         Mr. Gajanan Surve, Master (Adm.), present.
                         Mr. Laxman Madgundi, Clerk, present.
                         Mr. Dinesh Morey, Clerk, representative of the Official Assignee,
                         present.
                                                      ............

                                                           CORAM        :       ABHAY AHUJA, J.

                                                           DATE         :       19 SEPTEMBER 2025
                         P.C. :

1. This Court Receiver's Report has been listed before this Court

seeking directions to transfer the royalty amount alongwith accrued

interest lying with the Court Receiver.

2. Mr. Swayam Chopda, OSD to the Court Receiver's Office,

submits that the royalty amount had been deposited by the Judgment

Debtor who has been declared insolvent and that this Court may pass

appropriate directions with respect to the same. Since the Judgment

1-CRR-167-2025.doc

Debtor had been declared insolvent, in accordance with Section 17 of

the Presidency Towns Presidency Act, 1909, the assets of the Judgment

Debtor vest in the Official Assignee and that the amount of

Rs.11,51,070/- ought to be deposited in the account of Official

Assignee.

3. Ordered accordingly.

4. However, as regards a deduction of Rs.13,276/- from the said

amount as costs, charges and expenses of the Court Receiver and the

cost of the report of Rs.5,000/- requested to be permitted to be

deducted from the said amount of Rs.11,51,070/- the same cannot be

granted, in as much as the Judgment Debtor has been declared as

insolvent and such an Application is to be made before the Official

Assignee/Insolvency Court.

5. The Court Receiver's Report is accordingly disposed with

above directions.

6. However, just when this order has been dictated, Mr. Dinesh

Morey, Clerk on behalf of the Official Assignee appears and tenders

copy of an order dated 18 th June 2019 in Insolvency Rule Nisi No.6 of

2018 passed by this Court (Coram : R.I. Chagla, J.) and submits that

the insolvency of the Judgment Debtor who had deposited money has

been recalled and the Official Assignee has been discharged.

1-CRR-167-2025.doc

7. If that be the case, then let the amount of Rs.11,51,070/- less

amount of costs charges and expenses and costs of the report as per

prayer clauses (b) and (c) be deposited in the account of the person

who had deposited the royalty amount.

8. This Court is informed that the said royalty amount has been

deposited by Mr. Jitenderpal Singh Chadha.

9. Accordingly, let the balance amount with accrued interest

after deducting the aforesaid two payments be made to Mr. Jitenderpal

Singh Chadha.

10. The Court Receiver's Report accordingly stands disposed as

above.

(ABHAY AHUJA, J.)