Bombay High Court
Ashok Hariram Parwani And 23 Ors vs Silvex Developers Private Limited And ... on 21 March, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
1.IAL.24397.21 in COMSL.24394.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 24397 OF 2021
WITH
COURT RECEIVER'S REPORT NO. 15 OF 2022
IN
COMMERCIAL SUIT (L) NO. 24394 OF 2021
Ashok Hariram Parwani & Ors. ... Applicants/Plaintiffs
Versus
Silvex Developers Pvt. Ltd. & Ors. ... Defendants
Ms. Neeta Jain i/b M.L. Kukreja for the Applicants/Plaintiffs.
Mr. Murari Madekar i/b Madekar & Co. for Defendant No.2.
Ms. Bhoomika Vyas h/f Mr. Sangram Chinappa for Defendant No.3.
Ms. Pooja Yadav i/b Sunil Sonawane for M.C.G.M.
Mr. Durgaprasad Poojari i/b PDS Legal for Defendant Nos.7 and 8.
Mr. Sandesh Shukla a/w Mr. Dhaval A. Patil i/b K. Ashar & Co. for
Defendant Nos.9 to 11.
Ms. R.V. Rane, 2nd Asstt. to C.R. present.
CORAM : R.I. CHAGLA, J.
DATED : 21st MARCH, 2022.
ORDER :
1 The Court Receiver's Report No.15 of 2022 is placed today at 2.30 p.m. It is informed to this Court that M/s. Shetgiri and Associates Waghmare 1/3 ::: Uploaded on - 22/03/2022 ::: Downloaded on - 23/03/2022 03:06:21 :::
1.IAL.24397.21 in COMSL.24394.21.doc who were granted liberty to file supplementary report within a period of two weeks from the order dated 21.02.2022 i.e. on or before 07.03.2022, are still to file their report. Accordingly, M/s. Shetgiri and Associates are granted an extension of time to file the report within a period of two weeks from today.
2 The Mumbai Municipal Corporation had tendered their affidavit dated 17.03.2022 as per the directions of this Court vide order dated 21.02.2022. The Mumbai Municipal Corporation was directed to enclose relevant documents including outstanding balance of Assessment Department including documents annexed to the letter dated 18.02.2022 of the Mumbai Municipal Corporation. From these documents it appears that the property tax payable is in respect of the ground to 6 floors. Thus, it would be for Defendant No.2- Society to provide a response to the affidavit of the Mumbai Municipal Corporation and to the outstanding balance arrived at by the Mumbai Municipal Corporation which is Rs.22,28,542/-. The amount is stated to be pending from April, 2015 till March, 2018.
3 The Defendant No.2 shall file their affidavit in reply to the affidavit dated 17.03.2022 of the Mumbai Municipal Corporation within a period of two weeks from today i.e. on or before 04.04.2022. Waghmare 2/3 ::: Uploaded on - 22/03/2022 ::: Downloaded on - 23/03/2022 03:06:21 :::
1.IAL.24397.21 in COMSL.24394.21.doc 4 The learned Advocate appearing for the Applicants/Plaintiffs has pointed out that in paragraph 8 of the order dated 21.02.2022, three flats have been mentioned namely Flat Nos.901, 1002 and 1103 for which though there are no flat purchase agreements, allotment letters have been issued by Defendant No.1 in respect of these flats. In addition there is one more flat being Flat No.1001 in respect of which also only allotment letter have been issued by Defendant No.1. Accordingly, the Court Receiver is directed not to insist on flat purchase agreement in respect of flat No.1001 in the subject building.
5 Place the Court Receiver's Report No.15 of 2022 on 11.04.2022 at 2.30 p.m. (R.I. CHAGLA, J.) Waghmare 3/3 ::: Uploaded on - 22/03/2022 ::: Downloaded on - 23/03/2022 03:06:21 :::