Shyam Kotak Director Of Intermodal Transport And Trading Systems Pvt. L Td. v. Tata Consumer Products Limited And ANR

1_EXA_378_14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 378 OF 2014 Tata Consumer Products Limited ...

Claimant vs.

Intermodal Transport and Trading Systems Limited ... Respondent WITH INTERIM APPLICATION NO. 3881 OF 2024 (Not on board. Taken on board.) IN EXECUTION APPLICATION NO. 378 OF 2014 Mr. Pinkesh Shah, i/b. Mulla & Mulla and Craigie Blunt & Caroe for claimant.

Mr. Ammar Faizullabhoy a/w. Mr. Rohan Vasa, i/b. Argus Partners for respondent.

Mr. Ankit Lohia a/w. Mr. Sachin Chandarana and Mr. Jaiveer Dhakan, i/b. M/s. Manilal Kher Ambalal & Co. for applicant in IA/3881/2024. Mr. Durgadas S. Chaudhari, Deputy Sheriff of Mumbai. CORAM : MANISH PITALE, J.

DATE :

04th FEBRUARY, 2025 P.C. :

.

Sheriff's report No.10 of 2025 is taken up for consideration, wherein the Sheriff has prayed for the following reliefs: "a) the Hon'ble Court may direct the Sheriff of Mumbai to conduct fresh auction sale (third round) of the right, title and interest of the Respondent abovenamed in their ownership immovable property situated at ITTS House, 6th floor, 28, K. Dubash Marg, Shri Sai Baba Marg, Mumbai-400 023 bearing Cadastral Survey No.138 as per the proposed schedule of auction sale attached hereto at Exhibit 'C' or as decided by this Hon'ble Court;

Digitally signed by PRIYA KAMBLI Date:

2025.02.05 14:31:59 +0530 PRIYA KAMBLI 1/2

1_EXA_378_14.doc b) the Sheriff of Mumbai may be directed to make payment of 23,008/- (Rupees Twenty Three ₹ Thousand Eight only) towards the advertisement charges to M/s. Eureka Advertising Agency from the amount deposited by the Claimant;"

2.

This report is in the context of execution of arbitral award dated 19.11.2012 and in that context, the consent terms executed on 22.08.2019.

3.

This is the third attempt at auction sale of the property. This Court has perused the valuation report submitted in a sealed cover. Having perused the same, it is directed to put the same back in the sealed cover.

4.

This Court has perused the documents filed with the report, including the proposed schedule for the auction sale. 5.

Accordingly, the auction sale shall be conducted as per the proposed schedule. In that light, the Sheriff's report is allowed in terms of prayer clauses (a) and (b), quoted hereinabove. 6.

As per the schedule, the bids shall be opened in open Court on 28.02.2025 at 02:30 p.m.

7.

Interim Application No.3881 of 2024 shall also be listed on the said date.

(MANISH PITALE, J) Priya Kambli 2/2