[Cites 1, Cited by 0]
Bombay High Court
Kantilal H .Gudka And Dajaykiran K Gudka vs Retnasamy Elango And Anita Elango on 9 January, 2026
Diksha Rane 80 COMEX 242021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SHERIFF'S REPORT NO. 23 OF 2024
IN
80 COMMERCIAL EXECUTION APPLICATION NO. 24/2021
WITH
CHAMBER SUMMONS NO. 483/2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 24/2021
HARSHA A. GUDKA AND ANR.
VS
RETNASAMY ELANGO AND ANR
WITH
COMMERCIAL EXECUTION APPLICATION NO. 25/2021
WITH
CHAMBER SUMMONS NO.490/2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 25/2021
KANTILAL H .GUDKA AND DAJAYKIRAN K GUDKA
VS
RETNASAMY ELANGO AND ANITA ELANGO
------------
Adv. Sameeksha Yadav i/b. MDP Associates for applicants.
Adv. Rashid Khan a/w. Adv. Janak Upadhyay i/b. Adv. Rakesh Kumar
Singh for respondent nos. 1 and 2.
Adv. Rohit Kadam i/b. VNA Legal for intervener.
Mr. Choudhary, Deputy Sheriff, Mumbai, present.
Mr. Hemen Chandariya, representative of the applicant present.
------------
CORAM : RAJESH S. PATIL, J.
DATE : 9 JANUARY 2026.
Diksha Rane 80 COMEX 242021.doc
P.C. :
1) The above Sheriff's report is filed seeking the following reliefs:
a) the Hon'ble Court may consider the Valuation Report submitted
by the Valuer M/s. Vastukala in respect of right, title and interest of the
Respondents/Judgment Debtors in the properties viz. Flat Nos.601,
602, 603 and 604 (Amalgamated), Dosti Elite, A Wing, Metal Rolling
Compound, Near Sion Telephone Exchange, Sion (East), Mumbai - 400
022 ;
b) the Claimants in Commercial Execution Application No.25 of
2021 and the Claimants in Commercial Execution Application No. 24 of
2021 may be directed to deposit the deficit amount of Rs.41,600/-
(Rupees Forty One Thousand Six Hundred only) in this office towards
valuation cost ;
c) after deposit of the said deposit amount of Rs.41,600/- by the
Applicant in this office, the Sheriff of Mumbai may be directed to make
payment of Rs.1,41,600/- (Rupees One Lakh Forty One Thousand Six
Hundred only) towards their bills to M/s. Vastukala from the amount
deposited by the Claimants ;
d) that the Applicant may be directed to further deposit
Rs.30,000/- (Rupees Thirty Thousand only) in this office towards the
cost of publication of auction sale notice in the newspapers ;
e) that the Sheriff of Mumbai may be directed to settle the terms
and conditions in respect of conducting auction sale of the aforesaid
suit properties in the above matter as per the proposed schedule of
auction sale which is annexed hereto Exhibit 'B'.
2) I have heard learned counsel for the parties and perused the
Sheriff's Report. I am convinced that this Sheriff's Report requires to
be allowed.
3) Mr. Hemen Chandariya, the representative of the claimants-
decree holders seeks leave of this Court seeking permission to bid for
the same as per Order XXI Rule 72 of the Code of Civil Procedure on
behalf of the claimants - decree holders.
Diksha Rane 80 COMEX 242021.doc
3.1) In my opinion, such permission can be granted to the
representative of the claimants - decree holders to participate in the
auction proceedings on behalf of the claimants - decree holders.
3.2) Leave as prayed for is granted.
4) Sheriff's Report stands allowed in terms of prayer clauses (a),
(b) , (c), (d) and (e).
4.1) As far as proposed schedule of auction is concerned, with
regard to the advertisement for the auction sale notice which would
appear in English newspaper 'Free Press Journal' and in Marathi
newspaper 'Navshakti'.
4.2) The E.M.D. of the four flats which are amalgamated is fixed at
Rs.1,00,00,000/- (Rupees One Crore only).
5) Sheriff's Report is accordingly disposed of.
6) Matters to come up before this Court on 5/2/2026.
(Rajesh S. Patil, J.)
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 09/01/2026 19:46:13
