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Bombay High CourtCRR/263/2016disposed off

Radha Vishoo Adnani. v. Manish J. Adnani And ORS

2016-06-29Hon'Ble Shri Justice K.R. Shriram2 pages

901.crr.263.2016.s.1509.1994.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 263 OF 2016 IN SUIT NO. 1509 OF 1994 Mrs. Radha Vishoo Adnani .. Plaintiff Vs.

Jaswant S. Adnani & Ors.

.. Defendants Mr.Z.A. Jariwala for plaintiff.

Mr.Kayval P. Shah i/bP.B.Shah for defendant Nos.1(a) to 1(d) & 4. Mr.Anand Mishra i/b Ashok Saraogi for defendant no.3. Shri Ashwin Sanghvi-offerer present.

Shri G.G. Ketkar, 1st Asstt. to C.R. Present. CORAM : K.R.SHRIRAM, J.

DATE : 29TH JUNE, 2016 P.C.

By this report, the Court Receiver is seeking directions whether an offer of Rs.70 Lacs that has been received for the office premises being No.307, Dalamal Chambers, New Marine Lines, Bombay - 400 020 should be accepted.

Shri Jariwala, counsel for the plaintiff states that the office premises is about 565 sq.ft. carpet area and the price is very very low. The counsel appearing for defendant nos.1(a) to 1(d) and 4 and counsel appearing for Shraddha Talekar PS 1/2

901.crr.263.2016.s.1509.1994.doc defendant no.3 concurred with Shri Jariwalla. Therefore, the only offer that is received, cannot be accepted. Shri Jariwala requests that if parties are able to get any other prospective buyer or the premises need to be shown to any broker, the Court Receiver be directed to permit inspection of the premises. I feel no prejudice will be caused if this request is granted. Therefore, if the Court Receiver receives a request atleast 24 hours in advance from the advocates on record for the parties, then the Court Receiver should depute somebody to open the suit premises for inspection. In the circumstances, the Court Receiver's Report is disposed of in terms of prayer clause (b) only.

The Court Receiver to return the earnest money deposit of Rs.20 Lacs that has been received from the offerer-Ashwin Sanghvi. The suit be listed for directions on 8th July 2016 along with connected matters.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2