Court Receiver's report sought directions on failure to take symbolic and actual physical possession of properties. Court directed applicants to approach concerned banks/orders for some properties and fixed costs for the report.
Costs of the report fixed at Rs. 3,000 to be paid by the applicant.
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1 of 2 13 CRR 11-2020
Nikita Gadgil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COURT RECEIVER’S REPORT NO. 11 OF 2020
IN
COMM. EXECUTION APPLICATION NO. 565 OF 2019
Parasram H. Bhojwani….Applicant
V/s.
Pravinchand Sehgal & Ors.....Defendants.
Mr. S.C. Naidu with Mr. Aniketh Poojari and Mr. Manoj Gujar i/b M/s
C. R. Naidu & Co., Advocates for the Applicant.
Mr. Harsh Choudhary i/b Vidhi Partners, Advocate for Defendants.
Mr. D. N. Kher, court Receiver with Mr. P.K. Nardele, OSD, Court
Receiver.
CORAM :G.S. KULKARNI, J.
DATE :27 JANUARY 2020
P. C.
1. Court Receiver has sought for following directions:-
(a) What steps Court Receiver should take as
symbolic possession of unit No. 407, Dilkap Centre, Opp.
Lathia Rubber Factory, Saki Naka, Mumbai-400072 and
Room No. 5, Ground Floor, Divyang, 81/B, S.B.S. Road,
Colaba, Mumbai-400 005 could not be taken as directed in
order dated 22nd April 2019?
(b) What steps Court Receiver should take as actual
physical possession of Unit at 205, Dilkap Centre, Saki
Naka, Mumbai-400 034 could not be taken as directed in
order dated 33nd April 2019?
(c) The costs of this report may be fixed at Rs.
3,000/- and original plaintiff/judgment Creditor be directed
to pay the same;
Nikita Gadgil 2 of 2 13 CRR 11-2020
(d) Any other directions that this Hon’ble Court may deem
fit and proper.
2. In regard to prayer clause (a), it appears that there are already
proceedings which are initiated by Bharat Co-operative Bank for the
time being, the court receiver need not be called upon for any further
action in regard to the premises of unit no. 407, Dilkap Centre, Opp.
Lathia Rubber Factory, Saki Naka, Mumbai-400 072. The applicants
are at liberty to take such further appropriate orders which are
necessary in regard to this property.
3. Insofar as the prayer clause (b) is concerned the court has
already passed an order in regard to the property of unit no. 205,
Dilkap Centre, Sakinaka, Mumbai-40034. An appropriate order in that
regard will be passed on the adjourned date of hearing of chamber
summons no. 988/19. The applicant/plaintiff is directed to pay the
cost of Rs. 3,000/- to be deposited with the court receiver within one
week from today.
4. In regard to Room No. 5, Ground Floor, Divyang, 81/B, S.B.B.
Road, Colaba, Mumbai, further orders would be passed as the issues in
that regard is the subject matter of chamber summons 822/18.
5. Court Receiver’s report is accordingly disposed of in the above
terms.
[G.S. KULKARNI, J.]
Parasram H. Bhojwani
Pravinchand Sehgal
G.S. KULKARNI
As recorded by the court registry
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