Integrated Sales Services Ltd., Hong Kong, Thro. P.O.A. Mr. M. Bharath S/O. B.K. Muralidhara v. Dmc Management Consultants Ltd., New Delhi, Thr. Director, Shailesh S. Chauthaiwale And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.318 OF 2023 IN MISC. CIVIL APPLICATION NO.1319 OF 2015 Integrated Sales Services Limited .Vs. DMC Management Consultants Ltd. & others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri D.V. Chauhan, Advocate for the applicant. Shri W.T. Mathew, Advocate for the non-applicant No.1. Shri M. Shareef, Advocate for the non-applicant No.3. Shri S.D. Dewani, Advocate for the non-applicant No.4. Shri Amit Joshi, Registrar (Judicial) as Court Receiver. Shri D.P. Thakre, A.G.P. for the respondent/State. CORAM : ANIL S. KILOR, J.

DATED : 27/04/2023 1.

Heard.

2.

Shri Chauhan, learned counsel for the applicant has pointed out that the SLP was dismissed in this matter and decree has attained finality. Accordingly, the application is allowed.

3.

The applicant is permitted to withdraw the amount of Rs.5,01,346/- along with interest accrued thereon if any.

4.

The civil application is allowed in terms of prayer clause (a) and (b) Civil application is disposed of accordingly.

MISC. CIVIL APPLICATION NO.1319 OF 2015 5.

The Court Receiver has submitted his report on 04.10.2022. In the report, it is stated that, the valuation of the movable property of non-applicant No.1 as well as the non-applicant No.3 is to be carried out. Accordingly, the learned Court Receiver has obtained the names of the Government Valuers.

6.

It is submitted that, four Valuers are required for valuation, considering the size of the movables attached. The names of the valuers received by the Court Receiver are as follows:

i) Shri A.N. Kukde, ii) Shri V.R. Gawande, iii) Sau. K.N. Malewar, iv) Shri M.R. Dharpure, (these are all Instructors). 7.

It is pointed out that these Valuers can carry out the valuation of electronic goods. However, for other goods, it is submitted that the valuers of PWD Electrical and Civil departments, will require.

8.

The learned Court Receiver has drawn attention of this Court to the further report dated 01.12.2022, wherein, it is categorically stated that despite several reminders, the Executive Engineer (Electrical) and

Executive Engineer of PW Division No.1, Nagpur are not responding.

9.

In the above backdrop, the names of the government Valuers suggested by the Court receiver are accepted. The Court receiver may proceed further with the valuation.

10.

As far as the names of valuers sought by the Court receiver from the PWD department is concerned, Shri D.P. Thakre, learned Additional Government Pleader is directed to take necessary instructions from the PWD department, on a report dated 01.12.2022 and make a statement on 03.05.2023.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge