Smt. Sushilabai Nirmalkumar Rungta v. Shri Sitaram Agarwal And ANR.
R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 269 OF 2016 WITH INTERIM APPLICATION NO. 937 OF 2023 Sushilabai Nirmalkumar Rungta (since deceased) through legal heirs Nirajkumar Nirmalkumar Rungta & Anr.
.. Petitioners
Versus
Sitaram Agarwal & Anr.
.. Respondents WITH COURT RECEIVER'S REPORT NO. 4 OF 2023 Sushilabai Nirmalkumar Rungta (since deceased) through legal heirs Nirajkumar Nirmalkumar Rungta & Anr.
.. Petitioners
Versus
Sitaram Agarwal & Anr.
.. Respondents ....................
Ms. Milind Chandnani i/by Mr. Jaiwant S. Chandnani for Petitioner Mr. Ranjeev Carvalho i/by Mr. Jitendra Jain for Respondent Nos. 1(a) to 1(d) and proposed Respondent No. 3 Mrs. Rekha Rane, IInd Assistant to Court Receiver, Bombay High Court ...................
CORAM
: MILIND N. JADHAV, J.
DATE : FEBRUARY 13, 2023 P.C.
:
1.
Heard Ms. Chandnani, learned Advocate for Petitioner; Mr. Carvalho, learned Advocate for Respondent No. 3 and Mrs. Rane, IInd Assistant to Court Receiver, Bombay High Court.
2.
By consent of the parties, prayer for amendment to implead M/s. Radha International to the present Writ Petition is granted. Amendment to be carried out forthwith. Re-verification is dispensed with. Suit before the Trial Court shall also be amended accordingly and the newly impleaded Respondent No. 3 herein shall also be impleaded and made a proper and necessary party in the pending suit. 3.
Court Receiver Report No. 4 of 2023 has been filed on record, copies of the same have been give to the learned Advocates for the parties. The same has been perused. According to the Court Receiver, the amount lying in the suit account is Rs. 49,95,673.00 whereas the total outstanding property tax and other dues in respect of the subject properly are Rs. 79,94,484.00. Plaintiffs undertake to deposit the balance outstanding property tax, repair cess and land revenue demand in respect of the subject property with the authorities within a period of 90 days from today. In so far as the amount lying in the suit account is concerned, Court Receiver is directed to transfer and deposit the said sum directly with the concerned authorities and place the receipt on record of the case and also give an authenticated copy of the receipt to the Plaintiffs within a period of two weeks from today. This shall however be subject to payment of costs of the Court Receiver as directed by this order.
4.
Court Receiver shall calculate the costs and charges and inform the Plaintiffs who are directed to pay the same within a period of two weeks from the date of the information being conveyed to them. Court Receiver is discharged without passing of accounts upon and subject to payment of costs and charges as mentioned above by the Plaintiffs.
5.
Apart from the above, Plaintiffs have submitted draft Minutes of Order in addition to the aforementioned directions and urged the Court that the Writ Petition be disposed of. The draft minutes of the order have been signed by the learned Advocates for the parties. The parties were present before me on 10.02.2023 when the draft minutes were submitted in Court and they have confirmed to what is stated in the same. However, considering that the Court Receiver's Report was not ready, this Court had to keep the matter today and the parties were therefore exempted from their personal presence / appearance today. The said draft minutes of order dated 13.02.2023 taken on record and marked "X" for identification. For convenience, the said draft minutes of order is scanned and reproduced herein under:-
6.
Since the draft minutes of order contemplate that the Consent Terms would be filed before the learned Trial Court, the parties are at liberty to file the same before the learned Trial Court. 7.
Liberty to apply.
8.
In view of the above, Writ Petition is disposed. Pending Interim Application is also disposed. Court Receiver's Report No. 4 of 2023 is also disposed.
[ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:
2023.02.14 14:29:03 +0530 RAVINDRA MOHAN AMBERKAR