Raintaine Gonsalves v. Sharon Perira And ORS.

Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1355 OF 2024 IN TESTAMENTARY SUIT NO.26 OF 2019 Raintaine Gonsalves ... Applicant In the matter between Raintaine Gonsalves ... Plaintiff v/s.

Sharon Pereira(nee Fernandes) ... Defendant And Rosenda Pereira (nee Fernandes) ... Respondent No.1.

And The Court Receiver, High Court, Bombay ... Respondent No.2.

______________________ Mr. Ravi Gadagkar i/by Royston Pereira for the Applicant. Ms. Natasha Kasad a/w. Adv. Darryl Pereira (VC) i/by Beverly Fernandes for Respondent No.1.

Mr. Karan Gandhi i/by Adv. Nupur Shah for the Defendant. Ms. Sharon Pereira, defendant, present.

Mr. Deepak Bhalerao, IInd Asst. to the Court Receiver. ________________________ CORAM : Kamal Khata, J.

DATED : 11th September 2025.

P.C.:- 1.

Mr Karan Gandhi learned Counsel for the Respondent - Defendant seeks withdrawal of the consideration of Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2025.09.12 09:37:31 +0530 Rs.82,50,000/- being 50% of the total value of the Flat No. 40, SUMEDH NAMDEO SONAWANE

4th Floor, A - Wing, Juhu Tara Road, Near Sea Princess Hotel, Juhu Mumbai 400049 deposited by the Mrs. Rosenda Pereira with the Court Receiver.

2.

Mr Gandhi fairly submits that the Receiver shall deduct the following amounts from the sale consideration: a) Rs.1,70,668/- being 50% of the society maintenance charges;

b) 50% of the Court Receivers charges; and c) Rs. 25,000/- payable as costs as per the Order dated 2nd May 2023, unless the Defendant shows proof of payment to the High Court Law Library.

3.

Mr Gadagkar for the Applicant has no objection for the same.

4.

The Court Receiver shall after deducting the aforesaid amounts refund the balance amounts along with accrued interest, if any, to the Respondent - Defendant No. 1 5.

The Court Receiver must finalize the accounts within a period of one week from the date of uploading of this order on the website of Bombay High Court.

6.

Interim Application is disposed of in aforesaid terms. 7.

The Court Receiver shall stand discharged without passing accounts and subject to all costs, charges and

expenses being paid by both beneficiaries equally within 8 days of demand raised by the office of the Court Receiver. (Kamal Khata, J.)