Bombay High Court
D.N.Nagar Deep Co-Operative vs Shree Shubh Enterprises And 3 Ors on 18 December, 2018
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
904-nms1296-15.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1296 OF 2015
WITH
NOTICE OF MOTION NO.223 OF 2013
IN
SUIT NO.98 OF 2013
D.N. Nagar "DEEP" Co-op. Hsg. Soc. Ltd. ...Applicant
IN THE MATER BETWEEN :
D.N. Nagar "DEEP" Co-op. Hsg. Soc. Ltd. ...Plaintiff
V/s.
M/s.Shree Shubh Enterprises & Ors. ...Defendants
Mr.Jimish Shah I/b Divya Shah Associates for the Applicant / Plaintiff.
Ms.Padmashri for the Defendants.
Ms.Kavita Ambekar, 2nd Assistant Court Receiver present.
CORAM : R.D. DHANUKA, J.
DATE : 18TH DECEMBER, 2018. P.C. :-
1. The matter is placed on board for speaking to the minutes of the order dated 27th November, 2018 on the application filed by the Court Receiver.
2. Learned counsel appearing for the applicant / plaintiff states that all 78 members of the society who are entitled to receive certain payment in terms of paragraph 6 of the consent terms are not 1/3 ::: Uploaded on - 21/12/2018 ::: Downloaded on - 25/12/2018 20:48:54 ::: 904-nms1296-15.doc available in India and are unable to furnish the NEFT details to the Court Receiver for remaining amount. He further submits that in respect of the remaining members who are able to give the NEFT details to the Court Receiver, the Court Receiver may be directed to retain those amounts with the office of the Court Receiver and upon furnishing those details, the said amount may kindly be released to those members. The applicant shall furnish the details of NEFT to the learned Court Receiver within two weeks from today. The statement is accepted.
3. Learned Court Receiver is accordingly directed to distribute the amounts as directed in paragraph 6 of the consent terms proportionately as agreed, to those members whose NEFT details are furnished by the learned advocate for the applicant. The Court Receiver to distribute the balance amount upon receipt of such NEFT details from the other members of the applicants within two weeks thereafter. It is made clear that the Court Receiver would be entitled to deduct the costs and expenses incurred so far while distributing the sum of Rs.6,45,00,000/- as directed in paragraph 6 of the consent terms.
4. Insofar as the sale of 4th flat described in paragraph 4 of the consent terms is concerned, it is made clear that the plaintiff shall deposit the requisite amount of fees in advance before effecting 2/3 ::: Uploaded on - 21/12/2018 ::: Downloaded on - 25/12/2018 20:48:54 ::: 904-nms1296-15.doc the sale of the said flat as may be directed by the office of the Court Receiver.
5. The order dated 27th November, 2018 stands corrected accordingly. Part of the consent terms also is modified by consent of both the parties to this extent.
6. All the parties including the Court Receiver to act on the authenticated copy of this order.
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