Nadeem Majid Oomerbhoy v. Riyad Rashid Oomerbhoy And ORS.

11_CRR107_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO.107 OF 2025 IN SUIT NO.4913 OF 2000 Nadeem M. Oomerbhoy ...

Plaintiff Vs.

Riyad Rashid Oomerbhoy and others ...

Defendants Mr. K. G. Munshi, Senior Advocate a/w. Mr. Z. A. Jariwala and Mr. Ganesh Ambekar i/b. M/s. Jariwala Associates for Plaintiff. Mr. Prathamesh Kamath a/w. Ms. Nisha Shah i/b. Kalpesh Joshi Associates for Defendant Nos.1(a) and (b).

Mr. Neil Dutta i/b. Wadia Ghandy & Co. for Defendant Nos.4(b)(i) to 4(b)(iv). Mr. Malcolm Siganporia a/w. Mr. Dev Tejnani i/b. Dev Tejnani for Defndant No.2.

Ms. Charushila Vaidya, 2nd Assistant to Court Receiver. CORAM : MANISH PITALE, J.

DATE : APRIL 25, 2025 P.C. :

.

By this report, the Court Receiver is seeking the following directions:- "a) The Hon'ble Court may be pleased to direct Defendant Nos.1(a) and 1(b) to clear the outstanding bill of property tax, described more particularly in paragraph 3 of the report in respect of Flat No.5 and further property tax bills raised by the BMC in future as well;

b) Costs of the report may be quantified at Rs.5,000/- and allow to be deducted from the suit account;

c) Any other direction as the Hon'ble Court may deem fit and proper."

2.

This Court has perused the contents of the report and it is found that sufficient grounds are made out for allowing the directions sought in the report. It is indicated in the report as to the extent of outstanding dues towards property tax which the defendant Nos.1(a) and 1(b) are MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2025.04.28 10:29:51 +0530 1/2

11_CRR107_25.doc liable to clear.

3.

In view of the above, this Court is inclined to allow the Court Receiver's Report. Accordingly, Court Receiver's Report is allowed in terms of directions (a) and (b) and consequently, defendant Nos.1(a) and 1(b) are directed to clear the outstanding bills of property tax in accordance with law within a period of six weeks from today. 4.

This will not come in the way of defendant Nos.1(a) and 1(b) to make appropriate representations before the Municipal Corporation, which shall be decided in accordance with law. (MANISH PITALE, J.) Minal Parab 2/2