Sanjay Ramhari Dhote vs Karla Farms — Bombay HC (2025) — LawSathi Research

Sanjay Ramhari Dhote vs Karla Farms — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Confirmation of the auction sale of Gut No.487 (Old Mumbai Pune Highway, Karla, Maval, Pune) and Gut No.112 (Old Mumbai Pune Highway, Deoghar, Maval, Pune) in favour of M/s.Regency Hospitality Services Private Limited, subject to payment of the balance of Rs.32,40,00,000 by 5 January 2026; costs of the Court Commissioner (Rs.3,00,000) and her Clerk (Rs.50,000) quantified and made payable by the Applicant and Respondents within two weeks; Clerk's Rs.3,824 expense to be reimbursed from the Rs.13,000 collected, balance to Respondent No.1 Karla Farms; EMD demand draft and title documents to be handed over to the Respondents' Advocate; Stamp Authorities and Collector directed to cooperate with the auction purchaser; the Commercial Execution Application and the Court Commissioner's Report disposed in these terms.

Issue for consideration

Whether to accept and confirm the offer of Rs.36,00,00,000 received from M/s.Regency Hospitality Services Pvt. Ltd. for the two agricultural auction plots (Gut No.487, Karla, Maval, Pune and Gut No.112, Deoghar, Maval, Pune) and direct compliance with the auction terms. +3 more

Court's answer

The auction sale of Gut No.487, situated at Old Mumbai Pune Highway, Karla, Maval, Pune and Gut No.112, situated at Old Mumbai Pune Highway, Deoghar, Maval, Pune, to M/s.Regency Hospitality Services Private Limited is confirmed, subject to payment of the balance amount of Rs.32,40,00,000/- by 5th January 2026.

Ratio / Principle

The confirmation is made subject to payment of the costs of the Court Commissioner Mrs.Chandan Bhatt and her Clerk Mr.Mahendra Bhoir, quantified at Rs.3,00,000 and Rs.50,000 respectively, to be paid by the Applicant and the Respondents within two weeks.

Key takeaways

The Clerk's expense of Rs.3,824 paid for the Court Commissioner is to be reimbursed to the Court Commissioner out of the Rs.13,000 collected from intending buyers for copies of the auction terms, and the balance remaining after such reimbursement is to be deposited in the account of Respondent No.1, Karla Farms.ratio¶11
The Court Commissioner is to hand over to the Advocate for the Respondents the demand draft of the earnest money deposit of Rs.3,60,00,000 in favour of Karla Farms, and the original/certified/photocopy documents submitted by the Applicant and Respondents before the Court Commissioner are likewise to be handed over to the Respondents' Advocate.ratio¶12

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J., by order dated 9 December 2025 in Commercial Execution Application No.85 of 2025 (Sanjay Ramhari Dhote and Anr. v. Karla Farms and Ors.), acting on the report of the Court Commissioner Mrs.Chandan J. Bhatt, confirmed the auction sale of two agricultural plots — Gut No.487, Old Mumbai Pune Highway, Karla, Maval, Pune and Gut No.112, Old Mumbai Pune Highway, Deoghar, Maval, Pune — in favour of the successful bidder M/s.Regency Hospitality Services Private Limited, subject to payment of the balance amount of Rs.32,40,00,000 by 5 January 2026 (total bid Rs.36,00,00,000; EMD Rs.3,60,00,000). The Court quantified the Commissioner's costs at Rs.3,00,000 and her Clerk Mr.Mahendra Bhoir's costs at Rs.50,000, payable by the Applicants and Respondents within two weeks; directed that the Clerk's Rs.3,824 site-visit expense be reimbursed from the Rs.13,000 collected from intending buyers for copies of the auction terms, with the balance deposited in the account of Respondent No.1 Karla Farms; directed handover of the EMD demand draft in favour of Karla Farms and of the title documents to the Respondents' Advocate; and directed the concerned Stamp Authorities and the Collector to cooperate with the auction purchaser to maintain the auction timelines. The Commercial Execution Application and the Court Commissioner's Report stood disposed accordingly. The order is recorded as corrected/modified vide speaking-to-minutes order dated 11-12-2025.

Issues for consideration

4 issues framed by the court

AI extract

1.
Whether to accept and confirm the offer of Rs.36,00,00,000 received from M/s.Regency Hospitality Services Pvt. Ltd. for the two agricultural auction plots (Gut No.487, Karla, Maval, Pune and Gut No.112, Deoghar, Maval, Pune) and direct compliance with the auction terms.¶8(A)
The court held
The auction sale of Gut No.487, situated at Old Mumbai Pune Highway, Karla, Maval, Pune and Gut No.112, situated at Old Mumbai Pune Highway, Deoghar, Maval, Pune, to M/s.Regency Hospitality Services Private Limited is confirmed, subject to payment of the balance amount of Rs.32,40,00,000/- by 5th January 2026.ratio¶9
2.
Whether to quantify and direct payment of the costs of the Court Commissioner and her Clerk (including the Clerk's site-visit expenses), and how to deal with the Rs.13,000 collected from intending buyers for copies of the auction terms.¶8(F)
The court held
The confirmation is made subject to payment of the costs of the Court Commissioner Mrs.Chandan Bhatt and her Clerk Mr.Mahendra Bhoir, quantified at Rs.3,00,000 and Rs.50,000 respectively, to be paid by the Applicant and the Respondents within two weeks.ratio¶10
3.
How the earnest money deposit demand draft and the original/certified/photocopy title documents lodged with the Court Commissioner are to be handed over.¶8(C)
The court held
The Court Commissioner is to hand over to the Advocate for the Respondents the demand draft of the earnest money deposit of Rs.3,60,00,000 in favour of Karla Farms, and the original/certified/photocopy documents submitted by the Applicant and Respondents before the Court Commissioner are likewise to be handed over to the Respondents' Advocate.ratio¶12
4.
Whether the concerned Stamp Authorities and the Collector should be directed to cooperate with the auction purchaser and the parties so that adjudication, stamp duty and permissions are completed within the auction-sale timelines.¶13
The court held
The concerned Stamp Authorities and the concerned Collector are directed to cooperate with the auction purchaser and the concerned parties in order to maintain the timelines under the terms and conditions of the auction sale, since adjudication and stamp duty payment and the Collector's permission precede execution of the sale deed/conveyance deed.ratio¶13