Final Order 1

Order Details: Notice of Motion
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.951 OF 2018
IN
SUIT NO.6250 of 2006
Viren Hiralal Kothari ...Plaintiff
V/s.
Parul Ghanshyam Patel & anr. ...Defendants
and
The Court Receiver, High Court Bombay ...Respondent
Appearances:
Ld.Adv.Chotani for plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.14)
DATED : 20th March,2018
ORDER
Heard learned Advocate for plaintiff. Perused submissions.
2. In the supporting affidavit of Viren Hiralal Kothari it is submitted
that, suit No.6250 of 2006 came to be disposed on 22.11.2017, wherein
plaintiff is seeking clarification about payment of interest accrued
during the course of proceeding when pending before the Court. The
defendants failed to appear and therefore, suit came to be decreed and
amount of Rs.2,11,84,521/ came to be deposited. Out of which it was
directed that 25% of sale proceeds of the suit flat to the tune of
Rs.1,32,50,000/ with accrued interest thereupon, is to be paid to
plaintiff and Court Receiver is directed to pay the remaining amount
after deducting costs, charges, expenses of the Court Receiver to
defendant No.1.
MHCC01-003207-2018
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NM 951/2018 .. 2 .. Suit No.6250/2006
3. However, by way of this notice of motion plaintiff is seeking
clarification for releasing and to pay an amount of Rs.31,52,128/ with
accrued interest lying with Court Receiver. Therefore, report of Court
Receiver was called. Learned Assistant Court Receiver, High Court of
Bombay has filed their reply and submitted that in view of directions
they are compel to pay the amount of Rs.1,32,50,000/ to plaintiff. But
as there is no specific directions in respect of balance amount to be paid
and interest thereupon accrued. Therefore, that clarification is
required. They also in the same report prayed that, Court Receiver be
permitted to pay balance amount of Rs.1,71,630/ to Nadkarni & Co.,
towards their valuation fees being it is amount above Rs.1,00,000/.
After hearing A.S., appearing for Court Receiver, High Court of Bombay
in this matter and learned counsel for the plaintiff Adv.Chotani on
behalf of Viren Kothari it has now to be clarified whether amount,
which was already deposited before the Court Receiver towards balance
consideration, to whom to be paid and the permission to Court Receiver
to pay necessary amount of valuation fee being amount more than Rs.1
lakh.
4. After going through submission the amount was deposited before
the Hon.High Courrt lying with Court Receiver. They have made
arrangement, as per directions, by keeping in Fixed Deposits and
therefore, question of accrued interest definitely raised for remaining
amount, which is entitled for the same. Though it was specifically
directed that plaintiff is entitled of his 25% share in the sale proceeds of
the suit flat with accrued interest. But plaintiff is also now claiming
further interest accrued, which is running to Rs.32,52,128/ to be paid
to him. Definitely there is no other claim raised by defendants to whom
the amount to be paid. But, in such circumstances, the amount which is
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NM 951/2018 .. 3 .. Suit No.6250/2006
remaining out of sale proceeds with accrued interest with Court
Receiver after deducting their charges, expenses and other amount
necessary to be dissolved as Court Receiver came to be discharged.
Therefore, claim of plaintiff towards accrued interest on the unpaid
remaining balance amount as his share; is just, proper and therefore,
notice of motion to that effect for releasing and pay to plaintiff the
amount of Rs.31,52,128/ along with future accrued interest till
payment, is to be paid to this plaintiff. The Court Receiver is also
permitted to pay amount of Rs.1,71,630/ to Nadkarni & co. towards
their valuation fee and complied directions accordingly. Hence, notice
motion deserves to be made absolute. Hence, the order :
O R D E R
1. Notice of Motion No.951 of 2018 is made absolute.
2. Court Receiver is directed to release and pay plaintiff an
amount of Rs.31,52,128/ along with accrued interest, if
any thereupon in favour of plaintiff.
3. Court Receiver is also permitted to pay Rs.1,71,630/ to
Nadkarni & Co. towards valuation immediately.
4. Rest of the directions be complied as per decree.
5. No order as to costs.
(ABHIJEET A. NANDGONKAR )
Judge, (C.R.No.14)
Dt.:20/03/2018 City Civil Court, Gr. Mumbai
Dictated on : 20.03.2018
Transcribed on :
Signed on :
kps/
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NM 951/2018 .. 4 .. Suit No.6250/2006
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
23.03.2018 at 3.07 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.14)
Date of pronouncement of judgment/order 20.03.2018
Judgment/order signed by P.O. on 22.03.2018
Judgment/order uploaded on 23.03.2018
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