M/S Marine Container Service (I) Pvt. Ltd And ORS. v. Dhirajlal Hakimchand Vora
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1 OF 2012 IN INSOLVENCY PETITION NO. 31 OF 2002 Manharlal H. Vora, Karta of Hakimchand B. Vora HUF ...
Applicant Rajesh Dhirajlal Vora ...
Insolvent And Arti Mehra ...
Petitioning Creditor AND NOTICE OF MOTION NO. 2 OF 2012 IN INSOLVENCY PETITION NO. 31 OF 2002 Shalin Vora ...
Applicant Rajesh Dhirajlal Vora ...
Insolvent And Arti Mehra ...
Petitioning Creditor AND NOTICE OF MOTION NO. 35 OF 2013 IN INSOLVENCY PETITION NO. 77 OF 2005 Marine Container Services (India) Pvt. Ltd.
...
Applicant (Petitioning Creditor) Ranjan Dhirajlal Vora ...
Insolvent And Marine Container Services (India) Pvt. Ltd.
And The Official Assignee, High Court, Bombay ...
Respondents AND
NOTICE OF MOTION NO. 39 OF 2013 IN INSOLVENCY PETITION NO. 76 OF 2005 Marine Container Services (India) Pvt. Ltd.
...
Applicant (Petitioning Creditor) Dhirajlal Vora ...
Insolvent And Marine Container Services (India) Pvt. Ltd.
And The Official Assignee, High Court, Bombay ...
Respondents Mr. Hiren G. Shah i/by M/s. Prakash Shah and Co., for Hakimchand Vora (HUF) and Mr. Shalin Vora.
Ms. Siddhi Doshi i/by M/s. Bilawala and Co., for Petitioning Creditor. Mr. K.H.Holambe-Patil, for Auction Purchasers. Mr. Simil Purohit i/by Mr. Ganesh Gole, for Insolvent. Mr. M.D.Narvekar, Official Assignee, present. Coram : S.J. Kathawalla, J.
Date : 6 th NOVEMBER, 2015 P.C. :
1.
By an Order dated 11 th September, 2015, which was modified by an Order dated 8 th October, 2015, the parties were directed to immediately complete the process of Registration of Sale Deed in respect of Flat No.151/B, Maker Towers A & B Co-operative Housing Society Limited, at G. D. Somani Marg, Cuffe Parade, Colaba, Mumbai - 400 005 (the said flat).
Whilst registering the sale deed in respect of the said flat, the Office of the Collector of Stamps, Adjudication and Enforcement Department has raised a query about the Original Registered Gift Deed dated 28th April, 1995 executed in
favour of Shri Rishabh Vora (Donee) by Shri Manharlal Vora (Donor). The parties present before this Court today have informed the Court that the Original is not traceable and therefore the duplicate copy certified as True Copy by the Advocate may be treated as the Original copy and the concerned authorities may be directed to adjudicate the gift deed dated 28 th April, 1995 on the basis of the duplicate duly certified true copy by the Advocate.
In view of the above, the Office of Stamps Office, Enforcement/adjudication department is hereby directed to treat the certified true copy of Gift Deed dated 28 th April, 1995 as Original and make necessary endorsement/s and pass necessary orders as required under the law. All concerned to act on an ordinary copy of this Order duly authenticated by the Associate/Official Assignee of this Court. (S.J. KATHAWALLA, J. )