Allowed

Vijaydeep Hotels Pvt. Ltd. v. Aishab Fakirmohammed and Other and Court Receiver (Respdt)

Bombay HC9 Mar 2023IA/1078/2023

Case brief

AI extract

What is this about?

In an interim application, the High Court directed the Court Receiver to complete the execution and registration of a suit property before the expiry of the Applicant's stamp duty validity, granting specific timelines for compliance.

What did the court decide?

Directions were issued to the Court Receiver to complete execution and registration of the property before 14.04.2023, with liberty to apply.

Vijaydeep Hotels Pvt. Ltd. Vs Aishab Fakirmohammed… — Execution and Attachment | Bombay HC (2023)

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27.IA.1078.23 +.doc

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S.S.Kilaje

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO. 1078 OF 2023

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IN

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SUIT NO. 845 OF 1976

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Vijaydeep Hotels Pvt. Ltd. .. Applicant IN THE MATTER OF : Aishab Fakirmohammed .. Plaintiff

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 Versus
Khatijabai widow of Mohammed Janmohammed
and Ors...Defendants

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 AND
Mohammed Munaf Abdul Razak Qureshi & Ors. ..Orig. Respondents
 AND

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Court Receiver, High Court, Bombay..Respondent

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Mr. Rubin Vakil a/w. Ms. Leena Mirasee i/by M/s. Shah & Sanghavi for Applicant

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None for Defendants

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Mrs. Rekha Rane, 2^nd Assistant to Court Receiver present

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CORAM:MILIND N. JADHAV, J.
DATE:MARCH 09, 2023.

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P.C.:

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1. Interim Application No. 1078 of 2023 has been filed for seeking directions to the Court Receiver to complete the execution and registration process of the subject property as directed by this Court.

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Applicant also seeks possession of the property thereafter.

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2. Today, 2^nd Assistant to Court Receiver is before me and would submit that all compliances has been completed by the Applicant in so far as payment is concerned and in that view of the matter the execution and registration shall be completed expeditiously.

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27.IA.1078.23 +.doc

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3. Pleadings which are stated in the Interim Application are undisputed.

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4. Interim Application therefore deserves to be allowed and is allowed in terms of prayer clauses (a) and (b).

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5. For compliance of prayer clause (a), 4 week’s time is given to the Court Receiver. For compliance of prayer clause (b), two week’s time is given to the Court Receiver thereafter.

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6. Mr. Vakil, learned Advocate for Applicant would submit that
stamp duty has already been paid by the Applicant and the validity of
the same would expire on 14.04.2023. Hence he has made a request
to the Court to direct the Court Receiver to complete the process of
execution and registration before the said date.

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7. The Court Receiver shall keep the above date in mind and ensure that execution and registration is completed well before 14.04.2023.

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8. Liberty to apply.

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9. Interim Application No. 1078 of 2023 is disposed.

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[ MILIND N. JADHAV, J. ]

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SONALI Digitally signedby SONALI SATISH SATISH KILAJEDate: 2023.03.10 KILAJE 12:39:15 +0530

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Vijaydeep Hotels Pvt. Ltd. v. Aishab Fakirmohammed and Other and Court Receiver (Respdt)

Case brief

What is this about?

What did the court decide?

Vijaydeep Hotels Pvt. Ltd. v. Aishab Fakirmohammed and Other and Court Receiver (Respdt)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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