Parul Ghanshyam PatelVsViren Hiralal Kothari +1 more

Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
None present for defendant.
Adv. Siddharth Puthor present for applicant and filed pursis. t.o.r. Marked as Exh-02 stating that the applicant/ defendant no.01 receive the amount of his share alongwith interest as per order passed on last date. Purpose of application is suffixed and it be disposed  off. Accordingly following order is passed.
Order:
1) MA no.88/2023 is disposed off.
2) Court Receiver is discharged.
3) No order has to costs.
Nature Of Disposal: ORDER
Disposal Date: 28-07-2023

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF:COURT 63 ADDL SESSIONS JUDGE
Case No. :MISC APPLICATION/0100088/2023
Parul Ghanshyam Patel Vs Viren Hiralal Kothari
Date : 28-07-2023
Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) None
present for plaintiff. None present for defendant. Adv.
Siddharth Puthor present for applicant and filed pursis. t.o.r.
Marked as Exh-02 stating that the applicant/ defendant no.01
receive the amount of his share alongwith interest as per order
passed on last date. Purpose of application is suffixed and it be
disposed off. Accordingly following order is passed. Order: 1)
MA no.88/2023 is disposed off. 2) Court Receiver is
discharged. 3) No order has to costs.
Nature of Disposal : ORDER
Disposal Date : 28-07-2023
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Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Siddhartha Puthoor present for defendant no.01. He submitted that in the order dtd.22.11.2017 passed in Suit no.6250/2006,  it is directed that remaining amount of Rs.2,11,84,521/- out of the sale proceeds be paid to defendant no.01 after deducting cost, charges and expenses of court receiver after discharge of the court receiver. Adv. for defendant no.01 submitted that there is no reference to pay interest accrued on the said amount lying in fixed deposit and this court be passed order to pay the amount with accrued interest.
I have perused judgment in suit no.6250/2006 dtd.22.11.2017. It is matter of record that, in clause-5 of operative order in the judgment, there is no reference of paying the accrued interest to defendant no.01. Court receiver has placed on record its report showing that total amount of Rs.2,79,56,831/- is lying in fixed deposit, which includes principal and interest from 2017 till the last date of renewal of fixed deposit as mentioned in the report Exh-02. As per the operative order in the aforesaid judgment, the amount of the share of Plaintiff was given alongwith accrued interest. Therefore, defendant no.01 is also entitled for the amount mentioned in the judgment a/w interest accrued thereon after deducting costs, charges and expenses of the court receiver. Hence, I passed following order:
Order:
1) As per the clause-5 of judgment dtd.22.11.2017 in suit no.6250/2006, amount of Rs.2,11,84,521/- be paid to defendant no.01 with interest accrued thereon till withdrawal of the amount invested in fixed deposit, and it be paid to him after deducting costs, charges and expenses of the court receiver.
Mr. Vitthal Dudhani Representative of Court Receiver High Court, Bombay.
Matter is adjd. for Compliance to 28.07.2023.
Next Purpose: COMPLIANCE

Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
None present for plaintiff.
Adv. Siddharth Puthoor present for defendant no.01.
Mr. Vitthal Dudhani Rep. of Court Receiver, High Court, Bombay. He also submitted Report of Court Receiver, High Court, Bombay t.o.r. Marked as Exh-02.
Matter is adjd. for Order to 01.07.2023.
Next Purpose: ORDER

Business: Court is on leave
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER

Business: Advocate Siddhartha for applicant is present.
Adjd. for report of court receiver to 06/05/2023.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER