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Mrs Moushami Amit Bajaj and Others v. M/S Kamalashri Builders and Others

Bombay HC24 Jan 2025CRR/96/2024

Case brief

AI extract

What is this about?

Bombay High Court order by Abhay Ahuja J. in Suit No. 933 of 2016 (Moushami Amit Bajaj v. Kamalashri Builders) dealing with Court Receiver's Report No. 96 of 2024 and Interim Application No. 151 of 2024; keywords: Court Receiver, proposals, meeting, return of contractor's material, suit premises, Defendant No. 3 expired, Defendant No. 6 under liquidation, presence of directors of Defendant No. 1, adjourned to 12 February 2025.

What did the court decide?

No substantive relief granted at this hearing; procedural directions issued (submission of outstanding proposals within two weeks, meeting to be fixed by the Court Receiver's Office, continued presence of Defendants No. 4 and 5, affidavits to be filed by counter parties on Interim Application No. 151 of 2024) and the matters listed on 12th February 2025. ¶83

Mrs Moushami Amit Bajaj and Others vs M/S Kamalashri Builders and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct the Court Receiver to allow the Applicants (a contractor engaged by Defendants No. 1 to 6) to take away their material lying in the suit premises (Interim Application No. 151 of 2024). +1 more

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Court's answer

On Interim Application No. 151 of 2024 the Court directed that instructions be taken and affidavits be filed by the counter parties, failing which the Court would pass appropriate orders; no immediate relief was granted on the application.

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Ratio / Principle

Parties who had not submitted their proposals to the Court Receiver were directed to submit the same within a period of two weeks.

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Key takeaways

The Court Receiver's Office was directed to thereafter fix a meeting according to mutual convenience.ratio¶69
Defendants No. 4 and 5 (directors of Defendant No. 1) were directed to remain present in Court on the next date as well.ratio¶70
The matters were listed for 12th February 2025.ratio

Detailed headnote1 paragraphs

Bombay High Court (Abhay Ahuja, J.), Suit No. 933 of 2016 — Mrs. Moushami Amit Bajaj and Others v. M/s. Kamalashri Builders and Others — with Court Receiver's Report No. 96 of 2024 and Interim Application No. 151 of 2024: Counsel for Defendants No. 1, 2, 4 and 5 reported that Defendant No. 3 has expired and Defendant No. 6 is under liquidation, and that the directors of Defendant No. 1 (Defendants No. 4 and 5) were present pursuant to earlier directions of the Court. The Court Receiver's Office reported that some Defendants had given proposals, with the remainder awaited. Parties yet to submit proposals were directed to do so within two weeks, whereafter the Receiver's Office is to fix a meeting according to mutual convenience; Defendants No. 4 and 5 were directed to remain present on the next date. On Interim Application No. 151 of 2024, which sought return of the Applicants' (contractor's) material lying in the suit premises, counter parties were to take instructions and file affidavits, failing which appropriate orders would follow. None appeared for the Plaintiffs. Matters listed on 12th February 2025.

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14-S-933-2016+.doc

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

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SUIT NO. 933 OF 2016

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Mrs. Moushami Amit Bajaj and Others

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… Plaintiffs

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V/s.

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M/s. Kamalashri Builders and Others

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… Defendants

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WITH

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INTERIM APPLICATION (LODGING) NO. 35156 OF 2024

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION (LODGING) NO. 28931 OF 2024

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION (LODGING) NO. 28926 OF 2024

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION NO. 151 OF 2024

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION (LODGING) NO. 12758 OF 2022

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION NO. 2971 OF 2021

SUIT NO. 933 OF 2016

WITH

NOTICE OF MOTION NO. 2487 OF 2019

SUIT NO. 933 OF 2016

WITH

NOTICE OF MOTION NO. 17 OF 2017

Gitalaxmi 1/5

14-S-933-2016+.doc

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION (LODGING) NO. 8699 OF 2022 IN

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SUIT NO. 933 OF 2016

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WITH

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COURT RECEIVER’S REPORT NO. 96 OF 2024

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SUIT NO. 933 OF 2016

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None present for the Plaintiffs.

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Mr. Sanjeev Hariakar, Advocate for the Applicants in IA/151/2024 in S/933/2016.

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Mr. Yogesh C. Naidu i/b Mr. Eden DH Ribeiro, Advocate for Defendants No. 1, 2, 4 and 5.

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Defendants No. 4 and 5 present in-person for Defendant No. 1.

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Ms. Shradha Achliya i/b Ms. Neha Achliya and Mr. Mayuresh Ingale, Advocate for Defendants No. 7 to 13.

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Mr. Aadil Parsurampuria a/w Ms. Pragya, Mr. Ameya Khot i/b M/s. Legal Vision, Advocate for Defendants No. 14, 16 and 17. Mrs. S. S. Patil, Section Officer, Court Receiver present.

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P.C. :

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COURT RECEIVER’S REPORT NO. 96 OF 2024

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SUIT NO. 933 OF 2016

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Mentioned out of turn.

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Mr. Yogesh Naidu, learned Counsel appears for Defendants

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No. 1, 2, 4 and 5 submitting that Defendant No. 3 has expired and

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Defendant No. 6 is under liquidation and that this Court record the

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Gitalaxmi 2/5

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14-S-933-2016+.doc

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presence of the directors of Defendant No. 1, i.e., Defendants No. 4 and 5, pursuant to directions of this Court, who are present in Court today.

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It is submitted by the representative of the Court Receiver’s Office that some of the Defendants have given proposals, however all the proposals are yet to be received and that after receipt of all the proposals, a meeting will be fixed.

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It is directed that the parties, who have not submitted their proposals, submit the same within a period of two weeks.

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Accordingly, let the Court Receiver’s Office thereafter fix a meeting, according to mutual convenience.

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Let Defendants No. 4 and 5 remain present in the Court on the next date as well.

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INTERIM APPLICATION NO. 151 OF 2024

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SUIT NO. 933 OF 2016

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This Interim Application seeks direction of this Court for return of the material of the Applicants lying in the suit premises.

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Gitalaxmi 3/5

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14-S-933-2016+.doc

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Mr. Sanjeev Hariakar, learned Counsel appears for the Applicants and submits that he represents a contractor, who was engaged by Defendants No. 1 to 6 and that since the Court Receiver has been appointed in the matter, he is unable to take the material from the suit premises and that the Court Receiver be directed by this Court to allow the Applicants to take their material from the suit premises.

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Mr. Yogesh Naidu, learned Counsel appearing for Defendants No. 1, 2, 4 and 5 submits that he has no objection if the Court Receiver permits the Applicants for taking away their material lying in the suit premises.

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Mr. Aadil Parsurampuria, learned Counsel appearing for Defendants No. 14, 16 and 17 submits that since he does not have copy of the Application, he is unable to comment on the same.

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It is also observed that none is appearing for the Plaintiffs, perhaps since the matter is being mentioned by the learned Counsel for Defendants No. 1, 2, 4 and 5.

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Gitalaxmi 4/5

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