Nadeem Majid Oomerbhoy vs Riyad Rashid Oomerbhoy and Ors. — Bombay HC (2025) — LawSathi Research

Nadeem Majid Oomerbhoy vs Riyad Rashid Oomerbhoy and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Court Receiver's Report allowed in terms of directions (a) and (b): Defendant Nos.1(a) and 1(b) directed to clear the outstanding property tax bills (including future BMC bills) in accordance with law within six weeks; costs of the report quantified at Rs.5,000/- deductible from the suit account; liberty to make representations before the Municipal Corporation.

Issue for consideration

Whether the Court Receiver's Report should be allowed in terms of directions (a) and (b), viz. directing Defendant Nos.1(a) and 1(b) to clear the outstanding property tax bill in respect of Flat No.5 together with future property tax bills raised by the BMC, and quantifying costs of the report at Rs.5,000/- deductible from the suit account.

Court's answer

On perusal of the contents of the report, the Court found that sufficient grounds are made out for allowing the directions sought in the Court Receiver's Report.

Ratio / Principle

The Court Receiver's Report is allowed in terms of directions (a) and (b); consequently, Defendant Nos.1(a) and 1(b) are directed to clear the outstanding bills of property tax in accordance with law within a period of six weeks.

Key takeaways

The direction to clear the property tax bills will not come in the way of Defendant Nos.1(a) and 1(b) making appropriate representations before the Municipal Corporation, which shall be decided in accordance with law.ratio¶24

Detailed headnote1 paragraphs

Court Receiver's Report No.107 of 2025 in Suit No.4913 of 2000 (Nadeem M. Oomerbhoy v. Riyad Rashid Oomerbhoy and others), High Court of Judicature at Bombay (O.O.C.J.), allowed in terms of directions (a) and (b). Defendant Nos.1(a) and 1(b) directed to clear the outstanding bills of property tax in respect of Flat No.5, along with future property tax bills raised by the BMC, in accordance with law within six weeks. Costs of the report quantified at Rs.5,000/-, deductible from the suit account. Liberty reserved to Defendant Nos.1(a) and 1(b) to make appropriate representations before the Municipal Corporation, to be decided in accordance with law. (MANISH PITALE, J.)

11_CRR107_25.doc

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

COURT RECEIVER’S REPORT NO.107 OF 2025

IN

SUIT NO.4913 OF 2000

Nadeem M. Oomerbhoy … Plaintiff Vs.

Riyad Rashid Oomerbhoy and others … Defendants

Mr. K. G. Munshi, Senior Advocate a/w. Mr. Z. A. Jariwala and Mr. Ganesh Ambekar i/b. M/s. Jariwala Associates for Plaintiff.

Mr. Prathamesh Kamath a/w. Ms. Nisha Shah i/b. Kalpesh Joshi Associates for Defendant Nos.1(a) and (b).

Mr. Neil Dutta i/b. Wadia Ghandy & Co. for Defendant Nos.4(b)(i) to 4(b)(iv). Mr. Malcolm Siganporia a/w. Mr. Dev Tejnani i/b. Dev Tejnani for Defndant No.2.

Ms. Charushila Vaidya, 2^nd Assistant to Court Receiver.

CORAM : MANISH PITALE, J. DATE : APRIL 25, 2025

P.C. :

. By this report, the Court Receiver is seeking the following directions:-

“a) The Hon’ble Court may be pleased to direct Defendant Nos.1(a) and 1(b) to clear the outstanding bill of property tax, described more particularly in paragraph 3 of the report in respect of Flat No.5 and further property tax bills raised by the BMC in future as well;

b) Costs of the report may be quantified at Rs.5,000/- and allow to be deducted from the suit account;

c) Any other direction as the Hon’ble Court may deem fit and proper.”

This Court has perused the contents of the report and it is found that sufficient grounds are made out for allowing the directions sought in the report. It is indicated in the report as to the extent of outstanding dues towards property tax which the defendant Nos.1(a) and 1(b) are

MINALSANDIPPARAB Digitally signedby MINALSANDIP PARABDate: 2025.04.2810:29:51 +0530

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11_CRR107_25.doc

liable to clear.

In view of the above, this Court is inclined to allow the Court Receiver’s Report. Accordingly, Court Receiver’s Report is allowed in terms of directions (a) and (b) and consequently, defendant Nos.1(a) and 1(b) are directed to clear the outstanding bills of property tax in accordance with law within a period of six weeks from today.

This will not come in the way of defendant Nos.1(a) and 1(b) to make appropriate representations before the Municipal Corporation, which shall be decided in accordance with law.

(MANISH PITALE, J.)

Minal Parab

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