Allowed

Nadeem Majid Oomerbhoy v. Rashid Sattar Oomerbhoy and Ors.

Bombay HC23 Feb 2015CRR/187/2014

Case brief

AI extract

What is this about?

In a Receiver's Report arising from a civil suit between a flat owner and co-operative society members, the court allowed the society's claim for interest amounting to Rs.33,147 computed at the rate applicable to other members for the pre-possession period, directing the Receiver to pay from his funds.

What did the court decide?

Court Receiver ordered to make payment of Rs.33,147 interest to the Society by 2nd March 2015

Nadeem Majid Oomerbhoy Vs Rashid Sattar Oomerbhoy and Ors. — Banking and Recovery | Bombay HC (2015)

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55-CRR-187-14.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO. 187 OF 2014

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IN

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SUIT NO. 4913 OF 2000

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…Plaintiff

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Nadeem Majid Oomerbhoy…Plaintiff
Versus
Rashid Sattar Oomerbhoy & Ors.…Defendants

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Mr. Z. A. Jariwala, for the Plaintiff.

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Mr. Kevin Lewis, i/b Desai Desai Carrimjee & Mulla, for the
Defendant No. 1.

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Mr. Rahul Singh, for the Defendants Nos. 2, 3, 4A and 4C.
Mr. Sailesh Thakkar, i/b S. Thakkar & Co., for the Defendants Nos.
7 and 8.

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Mr. Mohd. Abdullah, Secretary Park View Housing Society Limited.
Mr. N. A. Bandodkar, IInd Assistant to Court Receiver, present.

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CORAM:G.S. PATEL, J
DATED:23rd February 2015

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PC:-

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1.Heard.

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1 of 2

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55-CRR-187-14.DOC

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2.Mr. Abdullah, secretary of the Park View Co-operative
Society is personally present in Court. He states that the amount of
interest of Rs.33,147/- claimed by the society is computed at the
same rate as applied to all other members.

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3.The claim relates to period prior to the handing over of
possession of Flat No. 121 in the Park View Co-operative Housing
Society to the Plaintiff. In view thereof, the amount of interest
claimed will have to be paid out of the funds in the hands of the
Receiver.

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4.The Court Receiver’s Report is made absolute in terms of
prayer clauses (a) and (d). The Court Receiver to make payment to
the Society on or before 2nd March 2015.

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5.The Secretary of the Society will provide the necessary
information for an online bank transfer.

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(G. S. PATEL, J.)

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Nadeem Majid Oomerbhoy v. Rashid Sattar Oomerbhoy and Ors.

Case brief

What is this about?

What did the court decide?

Nadeem Majid Oomerbhoy v. Rashid Sattar Oomerbhoy and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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