Span Corporation vs Moushami Amit Bajaj — Bombay HC (2025) — LawSathi Research

Span Corporation vs Moushami Amit Bajaj — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued and matters adjourned: outstanding proposals to be submitted within two weeks; Court Receiver's Office to fix a meeting on mutual convenience; Defendants No. 4 and 5 to remain present on the next date; counter parties to IA No. 151 of 2024 to file affidavits failing which appropriate orders; all matters listed for 12 February 2025.

Issue for consideration

Whether the Court Receiver should permit the Applicants (a contractor formerly engaged by Defendants No. 1 to 6) to remove their material lying in the suit premises. +1 more

Court's answer

On Interim Application No. 151 of 2024, counter parties are to take instructions and file affidavits, failing which the Court will pass appropriate orders.

Ratio / Principle

Parties who have not submitted their proposals to the Court Receiver must submit them within a period of two weeks.

Key takeaways

Thereafter, the Court Receiver's Office is to fix a meeting according to mutual convenience.ratio¶69
Defendants No. 4 and 5 are to remain present in Court on the next date as well.ratio¶70
All the matters are to be listed on 12 February 2025.ratio¶83

Detailed headnote1 paragraphs

Bombay High Court (OOCJ), Suit No. 933 of 2016 (Mrs. Moushami Amit Bajaj and Others v. M/s. Kamalashri Builders and Others) — order dated 29 January 2025 of Abhay Ahuja, J., on Court Receiver's Report No. 96 of 2024 and allied interim applications/notices of motion. Counsel for Defendants No. 1, 2, 4 and 5 reported that Defendant No. 3 has expired and Defendant No. 6 is under liquidation; the directors of Defendant No. 1 (Defendants No. 4 and 5) attended pursuant to earlier directions. The Court Receiver's Office reported that some Defendants had given proposals, with the remainder awaited. The Court directed parties yet to submit proposals to do so within two weeks, the Court Receiver's Office to thereafter fix a meeting on mutual convenience, and Defendants No. 4 and 5 to remain present on the next date. On Interim Application No. 151 of 2024 — by a contractor formerly engaged by Defendants No. 1 to 6 seeking return of its material lying in the suit premises under the Court Receiver — Defendants No. 1, 2, 4 and 5 raised no objection, while Defendants No. 14, 16 and 17 could not comment for want of a copy; counter parties were directed to take instructions and file affidavits, failing which appropriate orders would follow. None appeared for the Plaintiffs. All matters listed on 12 February 2025.

14-S-933-2016+.doc

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

SUIT NO. 933 OF 2016

Mrs. Moushami Amit Bajaj and Others

… Plaintiffs

V/s.

M/s. Kamalashri Builders and Others

… Defendants

WITH

INTERIM APPLICATION (LODGING) NO. 35156 OF 2024

IN

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION (LODGING) NO. 28931 OF 2024

IN

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION (LODGING) NO. 28926 OF 2024

IN

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION NO. 151 OF 2024

IN

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION (LODGING) NO. 12758 OF 2022

IN

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION NO. 2971 OF 2021

IN

SUIT NO. 933 OF 2016

WITH

NOTICE OF MOTION NO. 2487 OF 2019

IN

SUIT NO. 933 OF 2016

WITH

NOTICE OF MOTION NO. 17 OF 2017

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14-S-933-2016+.doc

IN

SUIT NO. 933 OF 2016

WITH

INTERIM APPLICATION (LODGING) NO. 8699 OF 2022 IN

SUIT NO. 933 OF 2016

WITH

COURT RECEIVER’S REPORT NO. 96 OF 2024

IN

SUIT NO. 933 OF 2016

None present for the Plaintiffs.

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

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

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

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

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.

P.C. :

COURT RECEIVER’S REPORT NO. 96 OF 2024

IN

SUIT NO. 933 OF 2016

Mentioned out of turn.

Mr. Yogesh Naidu, learned Counsel appears for Defendants

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

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

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14-S-933-2016+.doc

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.

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.

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

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

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

INTERIM APPLICATION NO. 151 OF 2024

IN

SUIT NO. 933 OF 2016

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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14-S-933-2016+.doc

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.

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.

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.

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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14-S-933-2016+.doc

Be that as it may, list the matter on 12^th February 2025 .

Let instructions be taken with respect to this Application and

the Affidavits be filed by the counter parties, failing which the Court will pass appropriate orders.

(ABHAY AHUJA, J.)

Digitally signed by GITALAXMI GITALAXMI KRISHNA KRISHNA KOTAWADEKAR KOTAWADEKAR Date: 2025.01.29 14:50:50 +0530

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