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Bombay High Court

Ashok Hariram Parwani And 23 Ors vs Silvex Developers Private Limited And ... on 6 June, 2022

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                 2-CRR-15-22.doc

Sharayu Khot.

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION

                     COURT RECEIVER'S REPORT NO. 15 OF 2022
                                       WITH
                   INTERIM APPLICATION (L) NO. 24397 OF 2021
                                          IN
                      COMMERCIAL SUIT (L) NO. 24394 OF 2021


      Ashok Hariram Parwani & Ors.                          ...Applicants/
                                                            Plaintifs

                Versus

      Silvex Developers Pvt.Ltd. & Ors.                     ...Defendants

                                       ----------
      Mahesh L. Kukreja for the Plaintiffs.
      Mr. Murari Madekar, Mr. Sachin Kudalkar i/by M/s. Madekar & Co.
      for the Defendant No. 2.
      Ms. Bhoomika Vyas h/f Mr. Sangram Chinappa for the Defendant
      No. 3.
      Mr. Durgaprasad Poojari i/by PDS Legal for the Defendant Nos. 7
      and 8.
      Mr. Sandesh Shukla a/w Mr. Dhaval Patil i/by M/s. K. Ashar & Co. for
      the Defendant Nos. 9 to 11.
      Mrs. Rekha Rane, 2nd Asstt. to C.R. present.
                                       ----------

                                       CORAM : R.I. CHAGLA J

                                       DATE         : 6 June 2022

      ORDER :

1. Learned Counsel appearing for the Defendant No. 2- 1/3 ::: Uploaded on - 06/06/2022 ::: Downloaded on - 07/06/2022 06:48:55 ::: 2-CRR-15-22.doc Society has sought extension of time to fle Afdavit in Reply to the Afdavit of the Municipal Corporation with regard to the outstanding of the property tax payable which is stated to be in the sum of Rs. 22,28,542/- and payable from April 2015 to March 2018. The Afdavit in Reply was to be fled with two weeks from the order dated 11th April 2022.

2. Accordingly, the Defendant Society is granted one more opportunity to fle their Afdavit in Reply to the Afdavit of the Municipal Corporation which shall be fled within a period of one week from today i.e. 13th June 2022.

3. The Applicants/Plaintiffs have sought time on account of clarifcations sought with regard to the Report of the architect M/s. Shetgiri and Associates dated 8th April 2022, particularly, with regard to the breakup of statutory costs and other issues.

4. A letter to that effect has been addressed by the advocate for the Applicants/Plaintiffs to the Court Receiver bearing today's date.

2/3 ::: Uploaded on - 06/06/2022 ::: Downloaded on - 07/06/2022 06:48:55 :::

2-CRR-15-22.doc

5. The Assistant to the Court Receiver states that the letter dated 6th June 2022 has not been received from the advocates for the Applicants/Plaintiffs. A copy of the said letter is handed over by the learned Counsel for the Applicants to the Court Receiver in Court.

6. In view of these clarifcations, which are sought, it would be necessary that Mr. Shetgiri of M/s. Shetgiri and Associates to remain present in Court on the next date as well as for the Court Receiver to take instructions with regard to these clarifcations.

7. Clarifcations of M/s. Shetgiri and Associates shall be circulated amongst the parties to the present Suit and Interim Application by 23rd June 2022.

8. Place Court Receiver's Report No. 15 of 2022 with Interim Application (L) No. 24397 of 2021 on 27th June 2022 at 2.30 p.m. [R.I. CHAGLA J.] 3/3 ::: Uploaded on - 06/06/2022 ::: Downloaded on - 07/06/2022 06:48:55 :::