Dr Ravinder Kumar Anand S/O O.P. Anand v. Ashok Mahindru And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 39 OF 2025 OM CONTEMPT PETITION NO. 23 OF 2025 Dr. Ravinder Kumar Anand

...Petitioner

V/s.

Ashok Mahindru and Ors.

...Respondents

Mr. M. S. Bhandari i/b Ms. Pranjali Bhandari for the Petitioner. Mr. Pandit Kasar for the Respondents.

Mr. Anand Mahendroo, Respondent No. 2, present in person. Mr. Devendra S. Kuber for Mr. Sanchan Arora, the potential buyer. Ms. Nandini Deshpande, 1st Assistant to the Court Receiver.

CORAM

:

ABHAY AHUJA, J.

DATE :

16th JULY, 2025 P.C. :

1.

On 30th June, 2025, since the learned Counsel for the Respondent was unwell, this Court had after recording the directions sought for by the Court Receiver, adjourned the matter to today and therefore, the matter has been listed at serial no. 903 on the supplementary board. 2.

When the matter is called out, Mr. Kasar, learned Counsel appearing for the Respondents seeks an adjournment submitting that the Respondents have solvent buyers of the property in question. Nikita Gadgil 1/4

3.

One Mr. Kuber, learned Counsel also appears and submits that he is for one of the buyers and submits that he is willing to purchase the property for Rs. 37 Crs and that there is a Demand Draft of Rs. 5 Crs to be tendered to show his client's bona-fides.

4.

This Court (Coram: Milind N. Jadhav, J) had by orders dated 1st November, 2023 and 13th December, 2023, appointed Court Receiver under Order XL Rule 1 of the Code of Civil Procedure, 1908 in respect of the subject property viz. The built up "pucca" structure situate lying and being in Plot No. 1 in Survey No. 111 D (Part) in the village of Ambivali formerly within the Registration sub-district of Bandra District Bombay Suburban, now in the Greater Bombay, South Salsetta Taluka, Bombay Suburban District, in the Registration District and Sub-District of Bombay city and Suburban bearing City Survey No. 844 of Ambivali Village containing by ad-measurement 13000 sq. ft equal to 1208 square meters or thereabout together with the open land adjacent to the said built up structure admeasuing approximately 9900 sq. ft equivalent to 920 sq. meters (the "said property"). That the Court Receiver by the said order was also directed to take possession of the said property.

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5.

On 28th December, 2023, the Court Receiver has taken symbolic possession of the said property and pursuant to the order dated 22nd August, 2024, physical possession of the said property was directed to be taken pursuant to the order of forcible possession, taken on 6th September, 2024, when lock and seal and board of the Court Receiver affixed on the said property.

6.

By order dated 1st November, 2023, this Court had directed that directions with respect to any further dealings or sale of the property be taken by way of a Court Receiver's Report. It is pursuant to the said directions that this report has been placed before this Court seeking directions as noted in the order dated 30th June, 2025. 7.

Mr. Bhandari, learned Counsel appearing for the Petitioner would submit that this Court direct the Court Receiver to sell the property and that the necessary consequential directions be given in that regard and that the Court Receiver's Report accordingly be allowed. 8.

Having heard the learned Counsel in the matter, I am of the view that the Court Receiver's Report be allowed as under:- Nikita Gadgil 3/4

ORDER

(i) Let the Respondents / Contemnors submit the original title documents / necessary documents including sanctioned plan, area of structure in respect of the suit property to the Court Receiver within a period of two weeks.

(ii) Let the suit property be valued by M/s Amit Bora & Company having address at B 104, Shilpa Junction of N. M. Joshi & P. B. Marg, Lower Parel, Worli, Mumbai-400 013, who is in the panel of valuers of this Court for valuation and let a report be submitted in a sealed cover, within a period of four weeks.

(iii) For the charges of the valuation, let within a period of two weeks the Petitioner deposit Rs. 1,00,000/- with the Court Receiver's office to be used for expenses of the valuation.

(iv) Thereafter, let the Court Receiver's office place a report seeking further directions including approval of draft of the schedule of auction prepared after consultations/meetings with all stakeholders. (iv) Let the cost of the report be paid from the Suit account. 9.

The Court Receiver's Report accordingly stands disposed as above.

Digitally signed by NIKITA YOGESH GADGIL Date:

2025.07.17 10:18:03 +0530 (ABHAY AHUJA, J.) NIKITA YOGESH GADGIL Nikita Gadgil 4/4