Bombay High CourtIA/1078/2023absolute

Vijaydeep Hotels Pvt Ltd v. Aishab Fakirmohammed And Other And Court Receiver (Respdt)

2023-03-09Hon'Ble Shri Justice Milind N. Jadhav2 pages

27.IA.1078.23 +.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1078 OF 2023 IN SUIT NO. 845 OF 1976 Vijaydeep Hotels Pvt. Ltd.

..Applicant

IN THE MATTER OF :

Aishab Fakirmohammed ..Plaintiff

Versus

Khatijabai widow of Mohammed Janmohammed and Ors.

..Defendants AND Mohammed Munaf Abdul Razak Qureshi & Ors. ..Orig. Respondents AND Court Receiver, High Court, Bombay ..Respondent ....................

 Mr. Rubin Vakil a/w. Ms. Leena Mirasee i/by M/s. Shah & Sanghavi for Applicant  None for Defendants  Mrs. Rekha Rane, 2nd Assistant to Court Receiver present ...................

CORAM :MILIND N. JADHAV, J.

DATE :MARCH 09, 2023.

P.C.

1. Interim Application No. 1078 of 2023 has been filed for seeking directions to the Court Receiver to complete the execution and registration process of the subject property as directed by this Court. Applicant also seeks possession of the property thereafter.

2. Today, 2nd Assistant to Court Receiver is before me and would submit that all compliances has been completed by the Applicant in so far as payment is concerned and in that view of the matter the execution and registration shall be completed expeditiously.

27.IA.1078.23 +.doc

3. Pleadings which are stated in the Interim Application are undisputed.

4. Interim Application therefore deserves to be allowed and is allowed in terms of prayer clauses (a) and (b).

5. For compliance of prayer clause (a), 4 week's time is given to the Court Receiver. For compliance of prayer clause (b), two week's time is given to the Court Receiver thereafter.

6. Mr. Vakil, learned Advocate for Applicant would submit that stamp duty has already been paid by the Applicant and the validity of the same would expire on 14.04.2023. Hence he has made a request to the Court to direct the Court Receiver to complete the process of execution and registration before the said date.

7. The Court Receiver shall keep the above date in mind and ensure that execution and registration is completed well before 14.04.2023.

8. Liberty to apply.

9. Interim Application No. 1078 of 2023 is disposed. [ MILIND N. JADHAV, J. ] SONALI SATISH KILAJE by SONALI SATISH KILAJE Date: 2023.03.10 12:39:15 +0530