Bombay High Court
Pinak Bharat And Co. And Bina V. Advani vs Anil Ramrao Naik (Res) And Vinayak ... on 17 June, 2019
Author: R.I. Chagla
Bench: R.I. Chagla
3,52.CHSCDL.1388.18.in COMEX.22.16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL APPELLATE JURISDICTION
CHAMBER SUMMONS (L) NO. 1388 OF 2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 22 OF 2016
Pinak Bharat & Co. & Bina V. Advani ... Claimants
Versus
Anil Ramrao Naik ... Respondent
And
Shripad Vaman Rajadhyax & Ors. ... Applicants
WITH
CHAMBER SUMMONS (L) NO. 43 OF 2016
IN
COMMERCIAL EXECUTION APPLICATION NO. 22 OF 2016
WITH
CHAMBER SUMMONS (L) NO. 664 OF 2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 22 OF 2016
WITH
CHAMBER SUMMONS (L) NO. 665 OF 2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 22 OF 2016
WITH
COMMERCIAL EXECUTION APPLICATION NO. 22 OF 2016
WITH
CHAMBER SUMMONS (L) NO. 561 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 22 OF 2016
Mr. Prerak Sharma i/b Mr. R.H. Pathak - Decree Holder.
Mr. V.S. Kapse for Judgment Debtor.
Mr. S.D. Chitgopikar, Deputy Sheriff, present.
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3,52.CHSCDL.1388.18.in COMEX.22.16.doc
Mrs. Jyoti Chavan for the Applicant in CHSCDL/1388/2018.
Mr. Clive D'Souza for Applicant in CHSCD/561/2019.
Mr. Arsh Mishra i/b M.V. Kini & Co. for BEST.
Mr. Chirag Mody a/w Ms. Kavisha Shah and Ms. Minal Pawar i/b Ajinkya
Jaibhave for the Applicants in CHSCDL/664/2018 and CHSCDL/665/2018.
CORAM : R.I. CHAGLA, J.
DATED : 17th JUNE, 2019.
P.C. :
1 The Sheriff's report is taken up for consideration. It is pointed out that the subject property has been sold and as per order dated 03.04.2019, out of the sale proceeds the payments towards the dues of the MCGM as unpaid property tax; BEST dues and dues of the Collector and District Magistrate as set out in Annexure-3 of the statement of Sheriff's Poundage Calculation would necessary have to be made and appropriate directions have been sought from this Court for making these payments in prayer clauses (i) and (ii) of the Sheriff's report. It is further prayed for in the Sheriff's report that after making payment of outstanding amounts in respect of the subject property to the said Authorities, the Sheriff of Mumbai may be directed to encash the remaining fixed deposits of the sale proceeds and transfer the net amount of sale proceeds after deducting Sheriff's poundage of Rs.5,38,532/- i.e. 1% on surplus funds to the office of the Prothonotary and Senior Master, High Court, Bombay. Waghmare 2/3 ::: Uploaded on - 19/06/2019 ::: Downloaded on - 19/06/2019 22:54:47 :::
3,52.CHSCDL.1388.18.in COMEX.22.16.doc 2 Considering the directions issued in order dated 03.04.2019 for payment out of the sale proceeds to the MCGM, BEST and Collector, Mumbai, the sheriff's report is made absolute in terms of prayer clauses (i) and (ii) and the Sheriff is directed to make payments to these authorities and to encash the remaining fixed deposits of sale proceeds and transfer the net amount of sale proceeds after deducting the sheriff's poundage of the said sum of Rs.5,38,532/- i.e. 1% on surplus funds to the office of Prothonotary and Senior Master, High Court, Bombay, within a period of two weeks from today.
3 Sheriff's report is accordingly disposed of in the above terms. 4 The learned Counsel for the Judgment Debtor applies for time to file reply to the Sheriff's report. Application is rejected as the Sheriff's report has been disposed of.
5 List the Chamber Summonses which are pending in Commercial Execution Application No.22 of 2016 on 01.07.2019 at 3.00 p.m. for hearing.
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