Bombay High Court
Ashok Hariram Parwani And Ors vs Silvex Developers Private Limited And ... on 19 June, 2024
1 901-CRR-15-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COURT RECEIVER REPORT NO. 15 OF 2022
IN
COMMERCIAL SUIT NO. 268 OF 2022
Ashok Hariram Parwani & Ors. ... Petitioners
V/s.
Silvex Developers Private Limited & Ors. ... Respondents
WITH
INTERIM APPLICATION (L) NO. 22080 OF 2022
WITH
INTERIM APPLICATION (L) NO. 24397 OF 2021
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Adv. Neeta Jain a/w Mahesh L. Kukreja, Salman Haider Khan for Plaintiffs.
Adv. Murari Madekar a/w Sachin Kudalkar i/by Madekar & Co. for Defendant
No.2.
Adv. Ankita Shukla i/by Anil D'souza for Defendant No.4.
Adv. Durgadas Poojari i/by PDS Legal for Defendant Nos.7 & 8.
Adv. Dhaval A. Patil i/by K. Ashar & Co. for Defendant Nos.9 to 11.
Adv. G. B. Giri a/w Pooja Yadav for MCGM.
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CORAM : ARIF S. DOCTOR, J.
DATE : 19th JUNE, 2024 P.C.:-
1. This Court had vide an order dated 23 rd August, 2023 passed certain directions in the captioned Commercial Suit and various Interim Applications that have been filed therein.Shubham 1/4 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 21/06/2024 14:20:40 :::
2 901-CRR-15-2022.doc
2. It seems a direction required pursuant to (a) the technical report dated 14th May, 2024 which is submitted by M/s. ShetgirI and Associates and (b) order dated 23rd August, 2024. The directions sought for from the Court are as under.
"I. Pursuant to the Technical Report dated 14.05.2024 submitted by M/s.
Shetgiri & Associates with the Court receiver the following directions are sought :
a) To direct the Court Receiver to undertake urgent repairs, restoration, retrofitting and protection to the building structure in line with the Technical Report dated 14.05.2024 by:
(i) appointing appropriate contractor/s and calling for quotation;
(ii) After obtaining the quotations sharing the same with the parties for their approval.
(iii) Thereafter, the Court Receiver to give necessary directions to contractor/s to repair, restore, retrofit and protect to the building structure in line with Technical Report dated 14.05.2024 under the guidance of M/s. Shetgiri & Associates.
II. Pursuant to Order dated 23.08.2023 the following further directions are sought :
a) M/s. Shetgiri & Associates to submit the amended proposal to the Court Receiver and thereafter to the concerned authorities.
The amended proposal shall include the aspect of regularization of existing floors of the building structure as well the revalidation of the I.O.D. dated 22.04.2015 and procedural works required for the construction of the proposed Shubham 2/4 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 21/06/2024 14:20:40 ::: 3 901-CRR-15-2022.doc 14th & 15th Floors. The amended proposal is prepared after considering the Technical Inspection Reports & Revised Area Statement including the necessary drawing, survey drawing, as well as the estimate for the cost involved in the said project, which are shared with the parties.
b) To direct MHADA and/or any other concerned authority to approve the amended proposal as submitted by M/s. Shetgiri & Associates as mentioned above.
c) To direct MHADA and/or any other concerned authority to issue Final Demand Note towards regularization and for additional construction.
III. To direct Court Receiver to pay M/s. Shetgiri & Associates the requisite charges, fees, expenses to the concerned authorities/departments and or the fees of M/s. Shetgiri & Associates by the Court Receiver upon presentation of its Bills from the amount of Rs.1 Crore deposited by the Plaintiffs pursuant to order dated 14.11.2022."
3. It is made clear that for appointment of a contractor the name of the contractor shall be suggested to the Receiver by M/s. ShetgirI and Associates within a period of one week from today.
4. Costs, charges and expenses of the contractor shall be borne after the quotations have been received from the monies which are lying deposited in the Court, which I am informed is in excess of Rs.2.5 crores.
Shubham 3/4 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 21/06/2024 14:20:40 :::4 901-CRR-15-2022.doc
5. List the matter for compliance and further directions on 9 th July, 2024 at 2.30 p.m.
6. It is made clear that the parties as referred to in the present order shall be the Plaintiffs and Defendant No.2.
(ARIF S. DOCTOR, J.) Shubham 4/4 ::: Uploaded on - 20/06/2024 ::: Downloaded on - 21/06/2024 14:20:40 :::