Bombay High Court
Kalpataru Properties Pvt. Ltd vs Shree Ram Urban Infrastructure Limited ... on 4 June, 2019
Author: K.R.Shriram
Bench: K.R.Shriram
1/3 901.CAL-230-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION (L) NO.230 OF 2019
IN
COMPANY PETITION NO.1066 OF 2015
Kalpataru Properties Private Limited ....Applicant
Vs.
Shree Ram Urban Infrastructure Ltd. ....Respondent
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Mr. Darius Khambata, senior advocate a/w. Mr. Jai Chhabria, Ms. Namrata
Shah and Mr. Cyrus Modi i/b. Rashmikant and Partners for applicant.
Mr. Huzefa Khokhawala a/w. Ms. Gauri Memon i/b. Nankani Associates for
petitioner.
Mr. D.D. Madon, senior advocate a/w. Mr. Lalit Katariya, Mr. Darshit Jain
and Ms. Benedicta Lobo i/b. Katariya and Associates for ex-directors.
Mr. Himanshu B. Takke, AGP for State of Maharashtra - respondent no.2.
Mr. Janak Dwarkadas, senior advocate a/w. Mr. Chirag Kamdar, Mr. Denzil
A., Ms. Paridhi Saraf and Ms. Heena Goradia i/b. Wadia Ghandy and
Company for respondent no.3.
Mr. Prathamesh Kamat a/w. Mr. T.N. Tripathi and Ms. Kalyani Wagle i/b.
T.N. Tripathi and Company for Official Liquidator.
Mr. Mahendhar Aithe, Company Prosecutor present.
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CORAM : K.R.SHRIRAM, J.
DATE : 04.06.2019 P.C.: 1 At the outset, Mr. Madon, counsel for ex-directors of
respondent states that they have not been served a copy of this company application.
2 The company application has been taken out and moved for urgent circulation because Indiabulls Housing Finance Limited - respondent no.3 to the application, had on 3rd May 2019, issued a sale notice for sale of immovable properties of respondent to the petition. According to Gauri Gaekwad ::: Uploaded on - 07/06/2019 ::: Downloaded on - 14/07/2019 07:15:35 ::: 2/3 901.CAL-230-2019.doc applicant, applicant has a decree for specific performance of sale of sub divided plot no.5A, new C.S. no.1/289, access to which was through the properties of Shree Ram Urban which is proposed to be sold by Indiabulls. 3 Mr. Khambata states that though Indiabulls has made statement to the Official Liquidator that whatever common access was available from Ganpatrao Kadam Marg, N.G. Bansode Marge and G.M. Bhosale Marge to Plot Nos.3, 4, 5B + 6, 7, 9 and Plot No.5A would be maintained, Indiabulls should be directed to maintain atleast 12 meters width for the access. 4 Mr. Dwarkadas appearing for Indiabulls states that whatever is the existing access will be maintained and it will not be reduced but does not commit to 12 meters. Mr. Dwarkadas also submits that Official Liquidator be directed to appoint a private Surveyor for demarcating the access area so that there is no controversy in future. Mr. Khambata is agreeable to this suggestion of Mr. Dwarkadas and on instructions, undertakes to pay the fees and expenses of the Surveyor to be appointed. Statement of Mr. Dwarkadas is accepted. So also the statement of Mr. Khambata.
5 Mr. Kamat appearing for Official Liquidator suggests the name of Vastukala as Surveyor. Mr. Khambata and Mr. Dwarkadas have no objection and agreed to the appointment of Vastukala as Surveyor.
Gauri Gaekwad
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6 The Surveyor to take steps to survey and demarcate the access
areas and submit a report within four weeks from today. The Surveyor shall fix a date convenient to him and give atleast two days notice to all the parties, who may remain present, if they so desire, and will go ahead and do the survey and will not alter the date and time for anybody's convenience. 7 Copy of the company application to be served during the course of this week. Affidavits in reply, if any to be filed and copy served within three weeks from today. Rejoinder, if any to be filed and copy served within two weeks thereafter.
8 Company application to be listed for hearing in due course. 9 Liberty to apply.
(K.R. SHRIRAM, J.) Gauri Gaekwad ::: Uploaded on - 07/06/2019 ::: Downloaded on - 14/07/2019 07:15:35 :::