Court Receiver reported higher offers for seized goods. Court directed sale to the highest bidder, MH Computers, for Rs. 14,000, subject to petitioner paying receiver's costs, after which possession would be handed over and receiver discharged.
Sale directed to MH Computers for Rs. 14,000 upon payment of receiver's costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 CRR377-23WITHCRR31-24.DOC
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COURT RECEIVER REPORT NO.377 OF 2023 WITH COURT RECEIVER REPORT NO.31 OF 2024 IN
WRIT PETITION NO.3935 OF 2022
Ashok Dhavan … Petitioner
Versus
Shaikh Basheed & Ors. …Respondents
Digitally signed by TRUSHA TRUSHA TUSHAR TUSHAR MOHITE MOHITE Date: 2024.02.09 15:11:29 +0530
Mr.Anand Pai i/b M/s.J.R.Vakil and Associates for the Petitioner Smt.Uma Palsuledesai, A.G.P. for the State
Ms.Charushila M. Vaidya, 2nd Assistant to Court Receiver
_______________________ CORAM: G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. DATED: 07 February, 2024
P.C.
“(a) What steps Court Receiver to take for sale of goods and movables of two rooms as per inventory, as this office received offers from three Scrap Merchants i.e. (i) M/s S. K. Scrap, offer price Rs. 8,000/- (ii) M/s Raj Scrap Traders, offer price Rs.10,000/- and (iii) M/s Gupta Scrap Traders offer price Rs.7,000/-.”
Page 1 of 3 07 February, 2024
1 CRR377-23WITHCRR31-24.DOC
undertaken and the Court Receiver was directed to file a Supplementary Report indicating the offers received thereafter.
| Sr. | Name of Scrap merchant/Valuer | Offer of Rs. |
|---|---|---|
| No. | ||
| 1. | MH Computers | Rs.14,000/- |
| (Scrap Merchant) | ||
| 2. | Deepak Chheda | Rs.13,500/- |
| (Scrap Merchant) | ||
| 3. | Ayaz Computer (Zameer) | Rs.1,2800/- |
| (Scrap Merchant) | ||
| 4. | AK Computer (Scrap Merchant) | Rs.10,700/- |
“(a) What steps the Court Receiver should take for sale of goods and movables of two rooms as per inventory, as this office received offers from four Scrap Merchants i.e. (i) MH Computers (Scrap Merchant) Rs. 14,000/- (ii) Deepak (Scrap Merchant) offer price Rs. 13,500/- (iii) Ayaz Computer (Zameer) (Scrap Merchant) offer price Rs. 12,800/- (iv) AK Computer (Scrap Merchant) offer price Rs. 10,700/-.
(b) The Hon'ble Court may discharge the Court Receiver on payment of cost, charges and expenses without passing account after handing over possession of aforesaid two rooms to the Petitioner.
(c) Cost of this report for the sum of Rs. 5,000/- may be granted and permitted to be deducted from the suit account.
(d) Any other directions that this Hon'ble Court may deem fit and proper in the matter.”
Page 2 of 3 07 February, 2024
1 CRR377-23WITHCRR31-24.DOC
received on the earlier occasion, now the highest offer received is of Rs.14,000/- from MH Computers. We are of the view that the goods and movables in the said two rooms, as per the inventory, can be sold to MH Computers for a sum of Rs.14,000/-.
a. The Court Receiver to take steps to sell the goods and movables in the said two rooms, as per the inventory, to MH Computers for a sum of Rs.14,000/-.
b. The Petitioner is directed to pay to the Court Receiver all the costs, charges and expenses of the Court Receiver as quantified by the Court Receiver, including the cost of both the Reports of Rs.10,000/-.
c. On payment of the Court Receiver’s costs, charges and expenses by the Petitioner, the Court Receiver to hand over possession of the aforesaid two rooms to the Petitioner.
d. On handing over possession of the aforesaid two rooms to the Petitioner, the Court Receiver would stand discharged without passing Accounts.
e. Court Receiver Report N.377 of 2023 and Court Receiver Report No.31 of 2024 stands disposed of.
(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.)
Page 3 of 3 07 February, 2024
1 issue framed by the court
What is the appropriate course of action regarding the sale of goods and movables seized by the Court Receiver?
Ashok Dhavan
Shaikh Basheed
Others
G. S. Kulkarni
Firdosh P. Pooniwalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
