Disposed

Shailendra Mohan Kamath and Anr. v. Yash Builders and Anr. and Gaurav v Savla and 11 (Proposed Res)

Bombay HC11 Jul 2024IA/1977/2024

Case brief

AI extract

What is this about?

Court Receiver's Reports recording compliance with prior orders regarding possession of Project Yash Signature and Yash Heights were disposed of; a transferred commercial suit was removed from the board; and connected execution matters were adjourned with Paras Dedhia directed to remain present in court.

What the court decided

AI extract

Shailendra Mohan Kamath and Anr. vs Yash Builders… — Execution and Attachment | Bombay HC (2024)

¶1

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

COURT RECEIVER REPORT NO.71 OF 2024 IN

¶4

EXECUTION APPLICATION (L) NO.27838 OF 2022

¶5

SUREKHA DILIP GAWAND & ORS.

¶6

)ORIGINAL PLAINTIFFS

¶7

V/s.

¶8

PARAS SUNDERJI DEDHIA AND ANR. )JUDGMENT DEBTORS

¶9

WITH EXECUTION APPLICATION (L) NO.394 OF 2023 WITH INTERIM APPLICATION NO.374 OF 2023 IN

¶10

EXECUTION APPLICATION (L) NO.394 OF 2023

¶11

WITH

¶12

COMMERCIAL EXECUTION APPLICATION NO.37 OF 2022

¶13

WITH INTERIM APPLICATION NO.549 OF 2023

¶14

¶15

SUIT NO.48 OF 2023

¶16

WITH INTERIM APPLICATION (L) NO.3188 OF 2024

¶17

¶18

COMMERCIAL SUIT NO.242 OF 2021

¶19

WITH

¶20

EXECUTION APPLICATION NO.1741 OF 2022

¶21

WITH

¶22

CONTEMPT PETITION NO.106 OF 2019

SUIT NO.440 OF 2018

WITH

CONTEMPT PETITION NO.61 OF 2019

¶27

¶28

NOTICE OF MOTION NO.693 OF 2018

¶29

WITH

¶30

COUNTER CLAIM (L) NO.6422 OF 2022 IN

¶31

SUIT NO.388 OF 2022

¶32

Nikita Gadgil 1/10

¶33

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶34

WITH

¶35

INTERIM APPLICATION (L) NO.7447 OF 2022 IN

¶36

COUNTER CLAIM (L) NO.6422 OF 2022 WITH

¶37

SUIT NO.388 OF 2022 WITH INTERIM APPLICATION NO.1804 OF 2023

¶38

¶39

SUIT NO.388 OF 2022

¶40

WITH INTERIM APPLICATION NO.3385 OF 2023

SUIT NO.388 OF 2022

WITH

INTERIM APPLICATION (L) NO.24681 OF 2023

SUIT NO.388 OF 2022

WITH

COUNTER CLAIM (L) NO.6422 OF 2022

SUIT NO.388 OF 2022

WITH

CONTEMPT PETITION (L) NO.26144 OF 2023

SUIT NO.388 OF 2022

WITH

INTERIM APPLICATION (L) NO.2041 OF 2024

SUIT NO.388 OF 2022

WITH

INTERIM APPLICATION (L) NO.36089 OF 2023

SUIT NO.388 OF 2022

WITH

INTERIM APPLICATION (L) NO.1684 OF 2021 IN

¶65

SUIT NO.388 OF 2022 WITH

¶66

Nikita Gadgil 2/10

¶67

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶68

INTERIM APPLICATION NO.1804 OF 2023 IN

¶69

SUIT NO.388 OF 2022 WITH

¶70

INTERIM APPLICATION (L) NO.3831 OF 2024 IN INTERIM APPLICATION NO.1804 OF 2023

¶71

WITH INTERIM APPLICATION NO.5049 OF 2022

¶72

¶73

SUIT NO.302 OF 2021

¶74

WITH INTERIM APPLICATION NO.209 OF 2022

¶75

¶76

SUIT NO.302 OF 2021

¶77

WITH INTERIM APPLICATION NO.3385 OF 2023

SUIT NO.388 OF 2022

WITH

INTERIM APPLICATION NO.208 OF 2022

SUIT NO.302 OF 2021

WITH

INTERIM APPLICATION NO.4710 OF 2022

¶86

IN COMMERCIAL SUIT NO.242 OF 2021

¶87

WITH

¶88

INTERIM APPLICATION (L) NO.24681 OF 2023

SUIT NO.388 OF 2022

WITH

APPEAL (L) NO.2121 OF 2024

¶93

¶94

INTERIM APPLICATION (L) NO.24681 OF 2023

¶95

WITH

¶96

CONTEMPT PETITION (L) NO.26144 OF 2023 IN

¶97

SUIT NO.388 OF 2022

¶98

WITH SUIT NO.69 OF 2024

¶99

Nikita Gadgil 3/10

¶100

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶101

WITH

¶102

INTERIM APPLICATION (L) NO.27924 OF 2023 IN

¶103

SUIT NO.69 OF 2024 WITH

¶104

INTERIM APPLICATION (L) NO.27960 OF 2022 IN

¶105

EXECUTION APPLICATION (L) NO.27838 OF 2022 WITH CONTEMPT PETITION NO.7 OF 2020 IN SUIT NO.173 OF 2018 WITH

¶106

INTERIM APPLICATION (L) NO.31598 OF 2022 IN EXECUTION APPLICATION (L) NO.4566 OF 2022 WITH INTERIM APPLICATION (L) NO.34202 OF 2023 IN EXECUTION APPLICATION (L) NO.34196 OF 2023

¶107

Mr. Paras Gosar i/b. Swati N. Chheda for the Applicant/Plaintiff in IAL No.27924 in Suit/69/2024.

¶108

Mr.Malcolm Siganporia a/w Yash Momaya a/w Ms.Kinjal Kakkad i/b. Mr.Jayesh R. Vyas, Advocates for the Plaintiff in Suit No.388/2022 and for the Applicant in EXA(L)/394/2023 and IA/374/2023 in EXA(L)/394/2023, EXA/1741/2022, CONP/61/2019, CC(L)/6422/2022, IA/1804/2023, IA/3385/2023, IA(L)-24681/2023 in S/388/2022, CONPL/26144/2023, CC(L)/6422/2022, IA(L)/2041/2024, IA(L)/36089/2023 in S/388/2022, IA(L)/1689/2021 in S/388/2022, IA(L)/1804/2023 in S/388/2022, IA(L)/3831/2024 in IA/1804/2023, IA(L)/3385/2023 in S/388/2022 and APP(L)/2121/2024 in IA(L)/24681/2023. Ms. Neeta Jain with Dhrumil C. Shah i/b. Lex Services for the Applicant/Plaintiff in IAL/3188/2024 A/W. IA/4710/2022 in COMS/242/2021.

¶109

Adv. Shweta Nisar i/b. Adv. C. J. Doveson for contemnor in CONP/61/2019.

¶110

Mr. Manoj Harit a/w Ms. Pooja Harit i/b. Manoj Harit and Co.

¶111

Nikita Gadgil 4/10

¶112

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶113

For the Ombs Builders LLP. For Intervenor in IA/3831/2024. Mr.Dhaval Viswadia i/b. Harakchand & Co. for the Plaintiff in Suit No.48 of 2023 and Suit No.302 of 2021.

¶114

Mr. Aadil Parsurampuria a/w Darshana Vora a/w Dhanashree Pawaskar i/b. Mehul Rathod in EXAL/27838/2022 in IAL/27960/2022, IAL No.31598 of 2022 and IAL No.34202 of 2023, IAL/15842/2024, IAL/12284/2024, IAL13005/2024 for Applicants/Decree Holders.

¶115

Advocate Keshav Borhade in COMEXA/37/2022 for Deecree Holder.

¶116

Advocate Ankit Patil i/b Jay & Co. For Respondents in all Matters.

¶117

Mr. S.K.Dhekale, Court Receiver a/w Mr. Nitin Pawar, OSD.

¶118

CORAM : ABHAY AHUJA, J. DATE : 11^th JULY, 2024

¶119

P.C. :

¶120

Court Receiver’s Reports No. 71 of 2024, 118 of 2024 and 145 of 2024

¶121

Mr. Dhekale, learned Court Receiver is present in Court and submits that so far as Court Receiver’s Report No. 71 of 2024 is concerned, this report is a report in compliance of order dated 17^th January, 2024, passed by this Court in Interim Application No. 1804 of 2023 in Suit No. 388 of 2022 and order dated 30^th January, 2024 of this Court in Interim Application (L) No. 27960 of 2022.

¶122

Mr. Dhekale further submits that thereafter pursuant to order dated 7^th February, 2024, passed in Court Receiver’s Report No. 71 of 2024, directing the occupants of Tower A of Project Yash Signature to

¶123

Nikita Gadgil 5/10

¶124

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶125

furnish the Court Receiver within a period of two weeks, originals of the registered PAAA along with affidavit stating the unit number and document(s) based on which they have obtained the occupancy and that a copy of the said order was directed to be displayed at a prominent place of Tower A of Yash Signature.

¶126

That pursuant to an appointment fixed in this behalf, on 14^th February, 2024, the Court Receiver’s office had pasted the order dated 7^th February, 2024 at the Tower A of Yash Signature. That 15 occupants had submitted a photocopy of the documents to the representatives of the office of the Court Receiver on 21^st February, 2024. Further that five claimants of the shop / flat in the under construction ‘B’ wing had also submitted document(s) on of 21^st February, 2024 and one document on the same date was submitted in the Registry. The Court Receiver had submitted a compliance report dated 14^th March, 2024, being the Court Receiver’s Report No. 118 of 2024.

¶127

Learned Court Receiver submits that thereafter pursuant to order dated 20^th March, 2024 passed in Court Receiver’s Report No. 71 of 2024, the Court Receiver has taken symbolic possession of the ‘A’ wing of the project Yash Signature by affixing one flex board and taken

¶128

Nikita Gadgil 6/10

¶129

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶130

physical possession of ‘B’ wing of the project Yash Signature on as is where is basis. As regards the project named Yash Heights, learned Court Receiver submits that symbolic possession of the building has been taken by affixing two flex boards on the front side, after taking inspection of each and every flat/office/shop alongwith parties present and prepared detailed statement regarding who occupied the flat and on what basis.

¶131

Accordingly, the learned Court Receiver submits that since all the orders of this Court have been complied with, the said reports can be disposed of.

¶132

Learned Counsel appearing for the parties have no objection if the said Court Receiver’s Reports are disposed of.

¶133

Accordingly, the said Court Receiver’s Reports No. 71 of 2024, 118 of 2024 and 145 of 2024 stand disposed.

¶134

Nikita Gadgil 7/10

¶135

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶136

COMS 242 of 2021 and Interim Application (L) No. 3188 of 2024 and Interim Application No. 4710 of 2022 in COMS 242 of 2021.

¶137

Ms. Jain, Learned Counsel appears in the Commercial Suit No. 242 of 2021 and submits that there are two connected Interim Applications viz. Interim Application (L) No. 3188 of 2024 and Interim Application No. 4710 of 2022, which have been transferred to the Bombay City Civil Court, however, since the connected matters are pending in this Court, this Court retain the matters.

¶138

Since the Commercial Suit No. 242 of 2021 has statedly been transferred to the Bombay City Civil Court, in view of the notifications dated 20^th November, 2023 and 16^th January, 2024, it would not be possible for this Court to retain the Commercial Suit or the connected Interim Applications. However, the Plaintiff in the said suit is at liberty to make appropriate application for transfer of the same before the appropriate bench.

¶139

Accordingly, Commercial Suit No. 242 of 2021 along with connected Interim Applications viz. Interim Application (L) No. 3188 of 2024 and Interim Application No. 4710 of 2022 is removed from the board.

¶140

Nikita Gadgil 8/10

¶141

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶142

Other Execution Applications, Commercial Suits and connected

¶143

applications

¶144

Mr. Patil, learned Advocate appears for Mr. Paras Dedhia and submits that although Mr. Paras Dedhia is out from jail, however, he is unable to attend the Court today as he is bereaved due to the sudden death of this young nephew.

¶145

Upon an inquiry from the Court whether vakalatnama is filed, learned Advocate submits that he has filed the same on behalf of the Respondents. Learned Associate informs after checking from the website that no such vakalatnama been filed and the vakalatnama of the earlier Advocate of Mr. Amit Dubey continues to be on record.

¶146

Learned Counsel appearing for the Execution Applicants, Interim Applicants as well as Plaintiffs in the suits listed before this Court submit that since Mr. Dedhia is now out of jail, he be directed to remain present in Court, so as to comply with the orders of this Court as well as the agreements signed with the Applicants/Plaintiffs.

¶147

Mr. Harit, who appears for the Applicants in Interim Application (L) No. 3831 of 2024 submits that although in the past eight months,

¶148

Nikita Gadgil 9/10

¶149

CRR 71-24 in EXAL 27838-22 @ connected matters.doc

¶150

his client, the new developer who has already entered into an agreement with Mr. Paras Dedhia has been endeavouring to settle the matters, however, after Mr. Dedhia’s release from the civil prison, the offers are being obstructed by Mr. Dedhia and the progress in settling the matters has become slow.

¶151

Be that as it may, since neither Mr. Paras Dedhia is present in Court today nor the Advocate appearing has demonstrated that he has vakalatnama in his favour, list on 29^th July, 2024 on the supplementary board.

¶152

Mr. Paras Dedhia is directed to remain present in the Court on the next date.

¶153

The previous injunctions/restraints to continue till the next date.

¶154

(ABHAY AHUJA, J.)

¶155

Nikita Gadgil 10/10

¶156

NIKITA YOGESH GADGIL Digitally signed by NIKITA YOGESH GADGIL Date: 2024.07.20 18:56:33 +0530

Shailendra Mohan Kamath and Anr. v. Yash Builders and Anr. and Gaurav v Savla and 11 (Proposed Res)

Case brief

What is this about?

What the court decided

Shailendra Mohan Kamath and Anr. v. Yash Builders and Anr. and Gaurav v Savla and 11 (Proposed Res)

Case brief

What is this about?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Idbi Trusteeship Services Limited vs Ojas Tradelease and Mall Management Private Limited and Anr.

Indusind Bank Limited vs Sunita Sharma and 2 Ors.

Bharat Udayog Limited vs Mahrashtra Industrial Devlopment Corporation

Aruna Mohan Kamath (Since Deceased vs Messers Yash Builders

1(A) Surekha Dilip Gawand and 1(B) Akash Dilip Gawand L/h of Dilip Arjun Gawand vs Paras Sunderji Dedhia and Anr.

Saraswat Co-Op Bank Ltd. vs O.L. of Auram Machines(I) Pvt. Ltd. and Liang Lih Machine Co. Ltd(Mp)