Bombay High Court
Ashok Hariram Parwani And Ors vs Silvex Developers Private Limited And ... on 21 February, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
NIJASURE
SHANKAR Date:
NIJASURE 2022.02.22
18:37:33
+0530
3-crr-15-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COURT RECEIVER'S REPORT NO.15 OF 2022
IN
INTERIM APPLICATION (L) NO.24397 OF 2021
IN
COMS. SUIT (L) NO.24394 OF 2021
Ashok Hariram Parwani & 23 Ors. ...Applicants/
Plaintiffs
Versus
Silvex Developers Pvt. Ltd. & 13 Ors. ...Defendants
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Ms. Neeta Jain with Mahesh Kukreja for the Plaintiffs.
Mr. Sachin Kudalkar i/b. M/s. Madekar & Co. for Defendant
No.2.
Mr. Durgaprasad Poojari i/b. PDS Legal for Defendant Nos.7 &
8.
Mr. Sandesh Shukla with Dhaval A. Patil i/.b. M/s.K. Ashar &
Co. for Defendant Nos.9, 10 and 11.
Mr. P.G. Lad with Prerana Dhoke for MHADA.
Ms. Pooja Yadav i/b. Sunil Sonawane for MCGM.
Mrs. Rekha Rane, 2nd Asstt. to Court Receiver is present.
Mr. Naman K. A.E. (B & F) H/ West Ward is present.
Ramsakal R. Mallah, Deputy Supdt., H/W., Ward present.
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CORAM : R.I. CHAGLA J.
DATE : 21ST FEBRUARY, 2022.
ORDER :
1. The matter was placed today for further consideration of Court Receiver's Report No.15 of 2022. There 1/5 3-crr-15-2022.doc were certain issues which remain to be addressed as recorded in the order dated 8th February, 2022. It was recorded in the said order that inspite of directions issued by the Court to the Assistant Commissioner of H West Ward, concerned offcials of the Mumbai Municipal Corporation had failed to produce before the Court Receiver the requisite information / documents. This was required to be complied with before the next date. The Applicants / Plaintiffs have submitted whatever details that are in their position to M/s. Shetgiri and Associates, Architect to enable them to fle the report.
2. M/s. Shetgiri and Associates have fled report in a sealed cover. The report is unsealed in Court and the report of M/s. Shetgiri dated 8th February, 2022 is taken on record. Copy of the report of M/s. Shetgiri and Associates shall be given to the parties in the Interim Application (L) No.24397 of 2021.
3. Ms. Pooja Yadav, learned Counsel for the Corporation tenders letter dated 18th February, 2022 addressed by the Mumbai Municipal Corporation which states that the proposal fled with regard to the subject building along with all other documents have been forwarded to the Offce of 2/5 3-crr-15-2022.doc Executive Engineer, MHADA for further approval on 24th September, 2018. The said letter is taken on record and marked "X1" for identifcation. Accordingly MHADA appears to be in possession of the fle concerning the subject building.
4. Mr. Lad, learned Counsel for MHADA states that he will verify the position as to whether the fle regarding the subject building are in the possession of MHADA and if so copy of the fle will be submitted to the Court Receiver within two weeks from today. The statement is accepted.
5. In view of M/s. Shetgiri and Associates having fled the Report dated 8th February, 2022 based only on the documents submitted by the Applicants / Plaintiffs, they are at liberty to fle supplementary report upon the relevant fle concerning the subject building being made available to them. The invoice has been submitted by M/s. Shetgiri & Associates to the Court Receiver and copies made available to the Plaintiffs for making payment. The Plaintiffs are directed to make payment within one week from today.
6. In the letter dated 18th February, 2022 tendered by Ms. Pooja Yadav for the Mumbai Municipal Corporation to this 3/5 3-crr-15-2022.doc Court, it is stated that there is an outstanding payment of Assessment Department of Rs.22,28,542/- and details have been attached to the said letter. However, it remains to be ascertained by Ms Yadav as to whether the payment of Assessment Department pertains to the entire building or to the 1st to the 6th foor. Ms. Yadav shall fle an Affdavit to that effect enclosing the relevant documents included outstanding payments of Assessment Department including the document annexed to the said letter dated 18th February, 2022 of the Mumbai Municipal Corporation. The Affdavit shall be fled by Mumbai Municipal Corporation within a period of one week from today i.e. on or before 28th February, 2022.
7. Considering that Mr. Lad appearing for MHADA has made the above statement which is accepted by this Court, the Court Receiver Report shall be adjourned to 14th March, 2022 at 2.30 p.m. together with the Interim Application (L) No.24397 of 2021. In the event of MHADA having possession of the relevant fle concerning the subject building and copy of the fle being made available by MHADA to the Court Receiver who in turn shall provide the same to M/s. Shetgiri and Associates, M/s. Shetgiri and Associates are at liberty to fle 4/5 3-crr-15-2022.doc supplementary report within a period of two weeks from today i.e. on or before 7th March, 2022.
8. The fat purchasers of Flat Nos.901, 1002 and 1103 have not provided the fat purchase agreements concerning these fats to the Court Receiver. It is stated by learned Advocate for the Applicants / Plaintiffs that the Developer has recognized the fat purchasers of Flat No.901, 1002 and 1103 based on allotment letters. The allotment letters have been issued by Defendant No.1 and there are no fat purchaser agreements. She has submitted that the Defendant No.1 - Developer has written to the Secretary of the Silver Shine CHS Ltd. giving list of the fat purchasers and that once the building is complete fat purchasers will be issued share certifcate. In the list, fat purchasers of Flat Nos.901, 1002 and 1103 have been shown. In view of these documents on record, the Court Receiver is directed not to insist on fat purchase agreements.
9. Place the Court Receiver's Report on 21st March, 2022 at 2.30 p.m. [R.I. CHAGLA J.] 5/5