Lajwanti G. Godhwani And ANR. v. Shyam R. Godhwani And 3 ORS.

P1-CRR125-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 125 OF 2018 IN NOTICE OF MOTION NO. 78 OF 2016 IN SUIT NO. 3394 OF 2008 Lajwanti Gopichand Godhwani & Anr ...Plaintiffs

Versus

Shyam Godhwani & Ors ...Defendants Mr Gauraj Shah, with Mayank Bagla, i/b M/s. Kanga & Co., for Defendants Nos. 2 & 3. for the Plaintiffs.

Ms Khyati Pandit, i/b Dhru & Co., for Defendant No. 4. Mr Karl Shroff, with Ms Jasmine Kachalia, Aryan Srivastava, i/b Wadia Ghandy & Co., for purchaser, Mr Vijay Jindal. Mrs Kavita Ambekar, Ist Assistant to the Court Receiver, is present.

CORAM: G.S. PATEL, J DATED:

3rd May 2018 PC:- 1.

Not on board. Mentioned. Taken on board.

2.

As regards the Licensee, Castrol India Ltd, it is not disputed that it has made a security deposit of Rs. 1.25 crores. On 27th April 3rd May 2018

P1-CRR125-18.DOC 2018, a submission was made that this should be refunded with interest at the rate of 24%. I declined to do so because of the interest demand.

3.

Mr Shroff now has instructions to state that at least principal maybe returned, while the claim for interest may be deferred. This is reasonable.

4.

From the final sale proceeds, the Court Receiver will refund the amount of Rs. 1.25 crores to the Licensee against which the Licensee will deliver the vacant possession to the Court Receiver. (G. S. PATEL, J) 3rd May 2018