Mittal Tower Premises Co-Op. Soc. Ltd. v. Mrs. Manjula Shrimankar And ORS.

Digitally signed by KANCHAN PRASHANT DHURI Date:

2024.08.03 11:03:27 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN PRASHANT DHURI ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 268 OF 2024 IN EXECUTION APPLICATION NO. 38 OF 2006 Mittal Tower Premises Co-op. Soc. Ltd.

... Applicant V/s.

Mrs. Manjulaben I. Shrimankar and others ... Respondents Mr. Niranjan Kandade instructed by Mr. Nandu Pawar, Advocate for the Applicant-Society.

Mr. Prashant Shinde instructed by Mr. A.B. Shinde, Advocate for Respondent No.5.

Mr. Sukand Kulkarni through video-conferencing alongwith Ms. Niyati Shah, Ms. Tanya Srivastava instructed by MLS Vani and Associates, Advocates for the erstwhile licensees.

Ms. Ashoo Gupta, Advocate for the Purchaser.

Ms. Charushila Vaidya, Second Assistant to the Court Receiver, present. Mr. Kuldip Kushwaha, Senior Manager (Law), Bank of India, present.

CORAM

:

ABHAY AHUJA, J.

DATE :

2 AUGUST, 2024 P.C. :

1.

This report seeks the following directions :

(a) The Hon'ble Court may pleased to confirm the auction sale in respect of suit premises i.e. 125/ A, 12th Floor, A-Wing, Mittal Towers Premises Cooperative Society Ltd., Plot No.210, Nariman Point, Mumbai 400 021 in favour of M/s. Suparna Chemicals Limited.

Kanchan Dhuri 1/3

(b) Costs of this report be awarded in the sum of Rs.5,000/- and the Applicant may be directed to deposit the same in the office of the Court Receiver. 2.

Ms. Vaidya, Second Assistant to the Court Receiver is present in Court. Pursuant to the order dated 23rd April 2024, and the opening of bids on 11th June 2024 as well as the order of this Court of the same date, declaring M/s. Suparna Chemicals Ltd. to be the highest bidder, the highest bidder has made payment of Rs.3,64,16,000/- less TDS and also obtained NOC from the Collector of Mumbai in accordance with the terms and conditions of sale and that therefore, this Court confirm the auction sale in respect of the suit premises, being 125/A, 12th Floor, A-Wing, Mittal Towers Premises Co-operative Society Ltd., Plot No.210, Nariman Point, Mumbai 400 021.

3.

The learned Counsel present on behalf of the Bank, the Society as well as the licensee of the suit premises have no objection if the sale is confirmed. It is noted that there is no objection received by the Office of the Court Receiver or by any of the other parties appearing in the matter in the confirmation of sale.

4.

Accordingly, auction sale in respect of the premises, being 125/A, 12th Floor, A-Wing, Mittal Towers Premises Co-operative Society Ltd., Plot No.210, Nariman Point, Mumbai 400 021 is in favour of M/s. Kanchan Dhuri 2/3

Suparna Chemicals Ltd. is hereby confirmed.

5.

The costs of the Court Receiver's Report of Rs.5000/- be deposited in the Office of the Court Receiver by the Applicant-Society within a period of two weeks from today.

6.

The Court Receiver's Report is accordingly disposed of. (ABHAY AHUJA, J.) Kanchan Dhuri 3/3