Bombay High Court
Ashok Hariram Parwani And 23 Ors vs Silvex Developers Private Limited And ... on 20 January, 2022
Author: R. I. Chagla
Bench: R. I. Chagla
TAUSEEF
LAIQUEE
FAROOQUI
Digitally signed by
TAUSEEF LAIQUEE
FAROOQUI
Date: 2022.01.24
17:00:06 +0530
Tauseef 03-IA.L.24397.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.24397 OF 2021
IN
COMMERCIAL SUIT (L) NO.24394 OF 2021
Ashok Hariram Parwani & Ors. ...Applicants/Plaintiffs
Versus
Silvex Developers Pvt. Ltd. & Ors. ...Defendants
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Ms. Neeta Jain i/by M. L. Kukreja for Applicants/Plaintiffs. Mr. Murari Madekar i/by Madekar & Co. for Defendant No.2. Mr. Sangram Chinappa for Defendant No.3.
Mr. Abhishek Adke a/w Mr. Sagar Vichare for Defendant Nos.4 and 5.
Mr. Mirityunjay Barai for Defendant No.6. Mr. Durgaprasad Poojari i/by PDS Legal for Defendant No.7 & 8. Mr. Sandesh Shukla a/w Mr. Dhaval Patil i/by K. Ashar & Co. For Defendant Nos.9 to 11.
Mr. Kunal Maskar i/by Mr. Anil D'souza for Defendant No.14. Mr. S. K. Dekhale, OSD, C.R. present.
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CORAM : R. I. CHAGLA, J
DATE : 20th JANUARY 2022
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Tauseef 03-IA.L.24397.2021.doc
P.C.
1. The Court Receiver's Report No.15 of 2022 is placed before this Court.
2. The Court Receiver has sought directions with regard to the non-response to the correspondence addressed to the Assistant Commissioner H-West Ward Offce requesting for the detail status of the subject building and permission granted by the Corporation as well as outstanding dues of Municipal Taxes/Property Taxes and any other outstanding dues such as Water Taxes, etc.
3. Accordingly, the Assistant Commissioner of H-West Ward and/or the concerned offcial of the Mumbai Municipal Corporation is directed to produce before the Court Receiver the detail status of the subject building and permission granted by the Mumbai Municipal Corporation as well as the necessary details such as outstanding dues of Municipal Taxes/Property Taxes and any other outstanding dues such as Water Taxes, etc. The Court Receiver shall serve a copy of this order upon the Assistant Commissioner of H-West Ward within a period of one week from today.
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Tauseef 03-IA.L.24397.2021.doc
4. Further direction has been served with regard to the Report which has not yet been submitted by M/s. Shetgiri and Associates, Architect who has been appointed by the Court Receiver. The requisite Report is with regard to the balance construction work required to be done in the subject suit building. It is informed by the OSD, Court Receiver who is present that M/s. Shetgiri and Associates, Architect has after the fling of the Court Receiver's Report informed the Court Receiver's Offce that the Report of M/s. Shetgiri and Associates, Architect will be submitted within three days from today. Hence no directions are required insofar as this issue is concerned.
5. With regard to the direction sought of non submission of documents in respect of suit Flat Nos.903, 1203 and 1403, the Court Receiver has informed this Court that subsequent to the fling of the Court Receiver's Report, the fat purchasers of Flat No.903 has submitted the documents in respect of the suit fat.
6. With regard to suit Flat No.1203 is concerned, from the Site Report dated 20th December 2021, it appears that Mr. Omprakash Chandnani-Plaintiff No.9 and Mr. Clyde J. V. D'cruz- 3/6
Tauseef 03-IA.L.24397.2021.doc Defendant No.9 were present when the Court Receiver had visited the Site on 18th December 2021. It is noted in the Site Report, that it is not in dispute that there was an objection as to the numbering of the fat on the 12 th foor which should be numbered as Flat No.1202 and not Flat No.1203.
7. It was stated by the learned counsel for Defendant No.9 that the agreement was in respect of the Flat No.1202. It is not in dispute that the fat on the 12 th foor is numbered 1203. He has submitted that due to this discrepancy in the numbering of the Flat on the 12 th foor, it would be appropriate to await the plans to be submitted by the Mumbai Municipal Corporation and the Report of M/s. Shetgiri and Associates concerning the subject building including this fat as to whether there are actually three fats or two fats on the 12th foor.
8. In view thereof, it would be appropriate prior to issuing and directions with regard to Flat No.1203, to await the report from M/s. Shetgiri and Associates as well as the necessary plans of the Mumbai Municipal Corporation.
9. With regard to the fat purchasers of Flat No.1403, it is stated by the learned counsel appearing for the 4/6 Tauseef 03-IA.L.24397.2021.doc Applicants/Plaintiffs that the fat purchasers of fat No.1403 are residing abroad and that necessary details such as their email address will be obtained by the Applicants/Plaintiffs and provided to the Court Receiver in order for the Court Receiver to inform the fat purchaser the direction of this Court for submission of the documents in respect of the said fat.
10. With regard to the directions as to what steps the Court Receiver should take insofar as suit Flat No.1002 which was found lock is concerned, it appears that the suit Flat no.1002 belongs to Plaintiff No.5 and the learned counsel for the Applicants/Plaintiffs states that it is not known as to who has put the lock on the suit Flat No.1002.
11. In view thereof, the Court Receiver is directed to break open the lock on the suit Flat No.1002 and for which purpose the Senior Police Inspector of the local Police Station shall give all necessary assistance to the Court Receiver to ensure compliance of the order.
12. At this stage, the learned counsel appearing for the Defendant No.14 states that Defendant No.14 which is the fat purchaser with respect to the suit Flat No.603 has complied 5/6 Tauseef 03-IA.L.24397.2021.doc with the directions of this Court by submitting the necessary documents to the Court Receiver. Statement is noted.
13. The Court Receiver's Report insofar as the remaining directions to be issued are concerned is stood over to 7th February 2022.
[R. I. CHAGLA J.] 6/6