Shapoorji Pallonji And Company Ltd., v. Jignesh Shah And 6 ORS. And Kalpana P. Shah And ANR (Applicant) And The Court Receiver (Prop. Resp.

28-CHS581-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 581 OF 2018 IN EXECUTION APPLICATION NO. 1150 OF 2014 IN SUIT NO. 1512 OF 2009 Shapoorji Pallonji & Co Ltd ...Plaintiff

Versus

Jignesh Shah & Ors

...Respondents

Mr Piyush Raheja, with Aditi Bhat, i/b M/s. Markand Gandhi & Co., for the Applicants.

Mr Tejas Gokhale, i/b Dhaval Vussonji & Associates, for the Plaintiff.

Mr Mayur Khandeparkar, with Minal Chandnani, i/b JS Chandnani, for the Respondents.

Mr RY Sirsikar, with Sulakshna Kamble, for MCGM. Mrs Kavita Ambekar, Ist Assistant to the Court Receiver, is present.

CORAM: G.S. PATEL, J DATED:

13th August 2018 PC:- 1.

The Applicant will take possession on (i) payment of entire consideration without any reduction; and (ii) on execution of appropriate rectification deed as previously directed (and which will not allow for reduction in the consideration). 13th August 2018

28-CHS581-18.DOC 2.

The case of the applicants that they are is entitled to a rebate or reduction in price because of an alleged difference in area is not decided. All contentions are kept open, with liberty to the Applicants to file a substantive suit chargeable to full ad valorem court fees.

3.

The Chamber Summons is disposed of in these terms. No costs.

(G. S. PATEL, J) 13th August 2018