D.N. Nagar Deep Chs Ltd. v. Shree Shubh Enterprises And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 61 OF 2026 by KANCHAN PRASHANT DHURI Date:

2026.02.24 19:55:19 +0530 KANCHAN PRASHANT DHURI IN SUIT NO. 98 OF 2013 D.N. Nagar Deep CHS Ltd.

... Plaintiff

Versus

Shree Shubh Enterprises and others ... Defendants ............

Ms. Leena Shah alongwith Ms. Ridhi Shah instructed by M/s. Shah and Furia Associates, Advocate for the Plaintiff. Mr. Swayam Chopda, OSD, Court Receiver alongwith Ms. Naina Poojary, Master (Adm), present.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

24 FEBRUARY 2026 P.C. :

1.

This Court Receiver's Report seeks direction of this Court on the steps that would need to be taken by the Court Receiver as no offers have been received with respect to the auction sale of Flat No.B205 in D.N. Nagar "Deep" Co-operative Housing Society Ltd., Andheri (West), Mumbai - 400 053 (the "said flat").

2.

Ms. Shah, learned Counsel appears for the Plaintiff-Society and submits that despite three rounds of public auction, the sale of the said flat could not be effected. That this time even no inspection of the said flat was taken and that this Court may consider permitting the Court Receiver's Report to sell the said flat by a private treaty. Kanchan Dhuri 1/3

3.

Ms. Shah submits that the Court Receiver can leave the keys of the said flat with the society's office, so that the prospective purchasers can be shown the said flat.

4.

Mr. Chopda, OSD to the Court Receiver's Office is present in Court and submits that instead of handing over the keys to the Society's office, on fixed days the representative of the Court Receiver can remain present at the Society's office for showing the said flat. 5.

I have heard the learned Counsel for the Plaintiff as well as the OSD to the Court Receiver.

6.

It is observed that three attempts to auction sale of the said flat have been unsuccessful. As regards, the valuation of the said flat, this Court is informed, that the same has been conducted in the year 2024. It would therefore not be necessary to go for fresh valuation at this stage. Since the auction sales have failed and there is a request from the Plaintiff-Society as well as the prayer sought by the Court Receiver, this Court is of the view that the said flat be sold by a private treaty.

7.

As regards the inspection of the said flat, this Court is of the view that a day in the week be fixed for inspection of the said flat when the representative of the Court Receiver can remain present. Kanchan Dhuri 2/3

8.

Let the Court Receiver's representative remain present in the said flat between 9.00 a.m. and 6.00 p.m. on every alternate Saturday, so that the prospective purchasers can inspect the said flat. 9.

Let the costs of the report of Rs.5,000/- be paid by the Plaintiff-Society.

10.

The Court Receiver's Report accordingly stands disposed with the above directions.

11.

Let a fresh report be placed before this Court on 21st April 2026.

(ABHAY AHUJA, J.) Kanchan Dhuri 3/3