Allowed

Nadeem Majid Oomerbhoy v. Rashid Sattar Oomerbhoy and Ors.

Bombay HC10 Mar 2015CRR/94/2014

Case brief

AI extract

What is this about?

The High Court in the ordinary original civil jurisdiction directed the Court Receiver to execute conveyances of three flat properties in favour of the plaintiff or his nominees, accepting an undertaking from the plaintiff despite the unavailability of original purchase agreements. The receiver was also directed to facilitate issuance of duplicate share certificates.

What did the court decide?

Directed the Court Receiver to proceed with execution of three conveyances in favour of the Plaintiff or his nominees and to follow up for duplicate share certificates.

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

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P-1-CRR-94-14-S-4913-00.DOC

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Sharayu

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER REPORT NO. 94 OF 2014

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IN

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SUIT NO. 4913 OF 2000

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

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Mr. Z.A. Jariwala, i/b Thakore Jariwala & Associates, for the
Plaintiff.

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Mr. Astad Randeria, i/b Desasi Desai Carrimjee & Mulla. for the
Defendant No. 1

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Mr. Rahul Singh, for the Defendants No. 2 to 4.

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CORAM: G.S. PATEL, J DATED: 10th March 2015

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PC:-

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1.Three properties, viz., (1) Flat No. 31, ‘A’ Wing, Bharat
Nagar Cooperative Housing Society Limited; (2) Flat Nos. 401 and
401-A along with two car parking spaces in Benhur Cooperative
Housing Society Limited; and (3) Flat No. 121, Park View
Cooperative Housing Society Limited, are required to be conveyed
in the name of the Plaintiff or his nominees.

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1 of 3

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P-1-CRR-94-14-S-4913-00.DOC

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2.The matter has been pending for a considerable period of
time since the Court Receiver is unable to obtain the originals of the
Purchase Agreements dated 1st March 1956, 19th June 1981 and
18th August 1979 in relation to these three properties respectively.
It appears that the societies in question have been issued letters by
the Court Receiver to produce all the documents. The most recent
of these seem to be the Court Receiver’s letters of 18th January
2014 and 6th March 2014. There is no response to these letters. In
the meantime, the conveyance has remained pending.

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3.The Court Receiver has ordinary copies of the Agreements
in question. Mr. Jariwala, learned Advocate on behalf of the
Plaintiff, tenders an Affidavit in which the Plaintiff has specifically
stated his no objection to the Transfer Deeds and Conveyance in
respect of these three Flats being executed in favour of the
nominees of late Shri. Majid Oomerbhoy on the basis of the copies
of the documents now available with the Court Receiver. The
Plaintiff has also undertaken to indemnify the Court Receiver in
relation to any claims that may be made hereafter against him on
account of the execution of these Transfer Deeds and Conveyance
in this fashion. That undertaking is accepted as an undertaking to
the Court.

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4.In view of this, there is no reason to further delay the
execution of these Conveyances. The Court Receiver is directed to
proceed with the execution of the three Conveyances in favour of
the Plaintiff or his nominees as communicated by the learned
Advocate for the Plaintiff.

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2 of 3

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P-1-CRR-94-14-S-4913-00.DOC

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5. For the purposes of issuance of duplicate Share Certificates, the Court Receiver will promptly follow up with all necessary steps required by the three societies for this purpose, including issuance of public notices, etc.

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6.In view of this, prayer clauses (a) and (b) of the present Court
Receiver’s Report do not survive.

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7. There will be also an order in terms of prayer clause (c) for costs to be paid out of the funds in the hands of the Court Receiver.

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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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