Bombay High Court
Yashwanti Jaisinghrao Suryavanshi vs Girish Waman Firke And 7 Others on 3 March, 2021
Author: G.S. Patel
Bench: G.S. Patel
3-CRR32-2021 IN S260-2018.DOC Atul IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 32 OF 2021 IN SUIT NO. 260 OF 2018 Yashwanti Jaisinghrao Suryavanshi ...Plaintif Versus Girish Waman Firke & Ors ...Defendants Mr Piyush Raheja, with Mr Jayesh Mestry, for the Plaintiff Mr Akshay Kadam, i/b Dushyant Purekar, for Defendant Nof 7f Mr Mutahhar Khan, with Vishal Mehta, & Christopher D'Souza, i/b M/sf MV Law Partners, for the Applicant in NM-1255/2019f Mr DN Kher, Court Receiver, is presentf Mrs Rekha Rane, IInd Assistant to the Court Receiver, is presentf Mr Satish Gangurde, Section Ofcer in the Ofce of Court Receiver, is presentf CORAM: G.S. PATEL, J DATED: 3rd March 2021 Atul G. Kulkarni PC:-
Digitally signed by Atul G. Kulkarni Date: 2021.03.0410:58:57 +0530 1. This Court Receiver's Report pertains to the estate of Barrister Kalsekar, an Advocate of this Court. There are several previous orders, some by me and others by other Benches in relation to the various immovable properties, a motor car and so on.Page 1 of 5
3rd March 2021 3-CRR32-2021 IN S260-2018.DOC
2. For the present, it appears that in regard to Flat No. 42 in the Kshitij Cooperative Housing Society Ltd. at Bandra, the Court Receiver was, under a pair of previous orders that I made, to take possession of the fat and the associated car parking space. When the Receiver went to the site, he found the deceased's Innova motor car parked in an open car parking space. He accordingly took possession of that car parking space (apart from the fat itself ). Later, the society pointed out that this was not the car parking space 'associated' with the fat. The associated car parking facility was an stilt car parking facility. On being told this, the Court Receiver returned and after some initial obstruction was fnally able to take possession of the stilt car parking space as well. Today, both the stilt car parking space and open car parking space are in the Receiver's possession.
3. The society accepts that it associates a stilt car parking space with the fat, so that if the fat is sold the stilt car parking space goes with it. The open car parking spaces are allotted on a preferential, need-based or rotational system, but are not 'associated' with the fats, meaning that if the fat is sold, the right to use the open car parking space does not go with it.
4. This being the situation, the Receiver must return to the society possession of the open car parking space. It is not possible to accept Mr Raheja's submission that the open car parking space must be deemed to have been part of the estate of the deceased or must be deemed to have been associated to the Kshitij CHS Flat No. 42.
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5. It seems that in respect of Flat No. 22 on the ffth and sixth foor of another property called Bhimrao House, Mss. Amol Bora & Company have suggested several repairs to render that inhabitable condition. Obviously, this will need to be done to preserve the estate. The recommendations for repairs are accepted, and there will be an order in terms of prayer clauses (a) and (b) of the Report in regard to the payment of these costs.
6. There is a motor car that is now nearing vintage value. None are interested in this vehicle. The Court Receiver will take all necessary steps to sell the vehicle as expeditiously as possible at the best possible value. If there are no buyers for the car, the Receiver will seek directions from the Court so that we can address the next question of whether it should be sold as scrap.
7. There will thus be an order in terms of prayer clause (c) of the Report as well.
8. The professional fees of Mss. Amol Bora & Company are required to be paid. At this stage, the Court Receiver will pay the entire fees of Mss. Amol Bora & Company from the funds that are available in his hands. Whether these are to be ultimately recovered from one or the other party will be taken up at a later date.
9. The Kshitij CHS fat could, in my view, be given out on a leave and license basis. This will at the very least enable payment of all society dues and arrears and on-going maintenance of the fat. The Court Receiver will advertise the fat for leave and license for a Page 3 of 5 3rd March 2021 3-CRR32-2021 IN S260-2018.DOC term of one year or three years depending on the ofers received. A separate account will be maintained of the costs associated with this exercise and a separate report will be placed for recovery of these costs, if necessary. Initially the costs (of advertisement, etc) will be defrayed from the funds in the hands of the Court Receiver. Before the Court Receiver fnalizes any leave and license, suitable directions should be obtained from the Court.
10. The society has a claim of arrears of maintenance in the amount of Rs. 7,37,984s- (up to February 2021). The society has already fled a separate Notice of Motion for recovery. The Court Receiver has been served. That Notice of Motion may not have updated fgures. Liberty to the society to fle a further afdavit in that Notice of Motion and to have it listed after service is complete. The necessary breakup and details will be required from the society.
11. So far as payment of royalty for occupying Shakuntala Bungalow by the Plaintif and Defendant No. 7 is concerned, these are the family members of the deceased Barrister Kalsekar and are co-owners of the property to the extent of two-thirds. There is, therefore, no question of any order being made in terms of prayer clause (g) at this stage so long as the Plaintif and Defendant No. 7 are in occupation.
12. The costs of this Report are to be deducted from the funds in the hands of the Court Receiver.
13. The Court Receiver's Report is disposed of in these terms.
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14. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.
(G. S. PATEL, J) Page 5 of 5 3rd March 2021