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

Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.28 OF 2024 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 Plaintiffs. Mr. Rubin Vakil a/w Mr. Maulik Vora i/b M/s Pramodkumar & Company for Defendant No.1.

Mr. Wasim H. Hassan a/w Mr. Vishal Bobade for Defendant No.7. Mr. G.O. Giri i/b Ms. Komal Punjabi for MCGM. Ms. S.K. Dhekale, Court Receiver a/w Mr. N.C. Pawar, OSD present. ---------- CORAM : R.I. CHAGLA, J.

DATED :

5TH FEBRUARY, 2025.

ORDER :

1.

The Court Receiver has sought directions from this Court with regard to the security services for safeguarding the Suit Property. The pending Court Receiver's Report in so far as directions in Clauses (a) and (b) are concerned, have already been issued and KAVITA SUSHIL JADHAV there is a Valuation Report which has been filed by M/s H. Mehta & by KAVITA SUSHIL JADHAV Date:

2025.02.06 18:27:00 +0530 Associates, Valuer dated 8th August, 2023 and which has been shared 1/3

with the parties. The monthly royalty / license fees of the Suit Building with covered parking spaces at stilted ground floor / open parking spaces has been valued. There is an observation of M/s H. Mehta & Associates that the total value of the major repairs and painting / cleaning etc. required to be carried out in respect of the Suit Building is estimated to be Rs.4.85 Crores. The Court Receiver shall address a correspondence to M/s H. Mehta & Associates requesting them to provide the Report with regard to the value of estimated work which has been arrived at i.e. Rs.4.85 Crores. 2.

Mr. Vivek Kantawala, learned Counsel appearing for the Plaintiffs alongwith Mr. Rubin Vakil, learned Counsel appearing for Defendant No.1 and also Mr. Wasim Hassan, learned Counsel for Defendant No.7 have all raised concerns with regard to the security in respect of the Suit Property and the lack of sufficient security personnel which has resulted in damage caused to the Suit Property. Apart from the security required outside, which security is being provided by the Plaintiffs, there requires security inside the Suit Property. Accordingly, there is a need to deploy additional security personnel for securing the Suit Property from both outside and inside.

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3.

Mr. Kantawala has submitted that currently there are five security guards which have been deployed at the Suit Property and costs of which have been borne by the Plaintiffs. He states that the estimate of the costs to be incurred for deploying the additional security Guards and the number of additional security guards which are required for safeguarding the Suit Property will be provided. He states that this estimate will be furnished to this Court on the next date. The statement is accepted.

4.

The Court Receiver is directed to take adequate steps to repair the tin sheet fencing at the Suit property and which costs shall be shared equally by the Plaintiffs, Defendant No.1 and Defendant No.7.

5.

The Court Receiver shall allow access of main gate of the Suit Property to the Security Guards for safeguarding the Suit Property.

6.

The Court Receiver's Report No.28 of 2024 shall be placed for further direction on 17th February, 2025 at 2.30 p.m. [R.I. CHAGLA, J.] 3/3