Mahendra Girdharlal Mehta And ORS v. Atul Builders And Estate Ltd. And ORS

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.28 OF 2024 WITH COURT RECEIVER'S REPORT NO. 60 OF 2023 IN SUIT NO.3005 OF 2008 Mahendra Girdharlal Mehta and Ors.

...Plaintiffs

Versus

Atul Builders & Estates Ltd. & Ors.

...Defendants ---------- Mr. Vivek Kantawala i/b Mr. Shanay Bafna for the Plaintiffs. Mr. Rubin Vakil a/w Mr. Maulik Vora and Ms. Akshata Pawar i/b M/s. Pramodkumar & Company for the Defendant No.1. Mr. Aseem Naphade a/w Mr. Vishal Bobade i/by Mr. Wasim H. Hassan for the Defendant No.7.

Mr. S.K. Dhekale, Court Receiver present.

---------- CORAM : R.I. CHAGLA J DATE : 19 March 2025 ORDER :

1.

By the order dated 17th February 2025, this Court had directed the Court Receiver to take necessary steps to appoint Escorts Protection Detection and security Services, who shall provide a total of six guards to be deployed inside the suit property for safeguarding the suit property. This was in addition to the five security guards who 1/3

have been deployed outside the suit property. 2.

The Court Receiver had also been directed to call for the current quotation of Escorts Protection Detection and Security Services for deployment of security guards and this was to be communicated to the Plaintiffs and Defendant No. 1. 3.

Initial payment for the additional security guards to be deployed inside the suit property for safeguarding the suit property was directed to be borne by the Plaintiffs by depositing the advance with the Court Receiver within a period of one week from being communicated the estimate in advance.

4.

The Court Receiver has thereafter received the estimate from Escorts Protection Detection and Security Services for deploying of the additional six security guards inside the suit property for safeguarding the suit property. The estimate has been communicated by the Court Receiver to the Plaintiffs.

5.

Mr. Kantawala, the learned Counsel for the Plaintiffs has submitted that the initial payment of Rs. 2,00,000/- has been made 2/3

pursuant to communication of the costs / estimate / current quotation of Escorts Protection Detection and Security Services for deployment of additional security guards.

6.

Mr. Aseem Naphade, the learned Counsel for the Defendant No. 7 has sought extension of time to file Affidavit in response to the Court Receiver's Report. He has tendered the Affidavit on behalf of Defendant No. 7, which is taken on record by extending the time.

7.

Considering that there are averments in the said Affidavit of Defendant No. 7 with regard to communication being addressed to the Court Receiver as to there being thefts in the suit property, prior to the next date, the Court Receiver shall appoint the six additional security guards from Escorts Protection Detection and Security Services for deployment inside the suit property for safeguarding the suit property.

8.

Court Receiver's Report shall be placed for further directions on 24th March 2025 at 2:30 p.m.

[R.I. CHAGLA J.] 3/3