1 JO205.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION JUDGE’S ORDER NO. 205 OF 2010 IN SUIT NO. 1689 OF 2003 Bank of Baroda. ... Plaintiffs. V/s. Official Liquidator of Alpic Finance Ltd. ... Defendants. And M/s. Balaji Infrastructure and Development Company. ... Applicant. Ms. Prachi Shah i/b. Little & Co. for the Plaintiffs. Mr. Deepak Pandey i/b. Ditendra Mishra for the Applicant. Ms. Irani for Official Liquidator. CORAM : R.Y. GANOO, J. DATED : 14th DECEMBER 2010. P.C. :- Pursuant to order dated 28th October 2010, the highest bidder has deposited the bid amount of Rs.1,40,00,000/-. The Court Receiver will have to execute the sale deed in favour of the highest bidder and the Official Liquidator shall be a confirming party. The expenses for stamp duty, registration and other out of pocket expenses in connection with this sale deed will be born by the highest bidder viz. M/s. Balaji Infrastructure and Development Co. Ltd. 2 JO205.10.sxw 2. In view of this, following order is passed :- (i) The Receiver, High Court, Bombay shall execute sale deed in favour of M/s. Balaji Infrastructure and Development Co. Ltd. in regard to the property situate at Office Premises Block No.3A on floor 6- A(including of common toilet facility on the 6th floor) in the building known as New Excelsior Building belonging to “Excelsior Theatre and Office Premises Co-operative Society Limited” situate at the junction of Wallace Street, Bastian Road and Raveline Street, Fort, Mumbai – 400 001 in the Registration District and Sub-District of Mumbai City together with 5 shares of Rs.50/- each bearing distinctive numbers 96 to 100 (both inclusive) under Share Certificate No.20 dated 30th July 1980. (ii) After the sale deed is executed by the Receiver, M/s. Balaji Infrastructure and Development Co. Ltd. will be able to apply to the concerned Society for becoming a member of the said Society and the said application shall be considered by the said Society in accordance with the bye-laws of the Society. (iii) The said Society shall also consider the fact that the sale in favour of M/s. Balaji Infrastructure and Development Co. Ltd. has taken place through 3 JO205.10.sxw Court. (iii) Official Liquidator of M/s. Alpic Finance Ltd. shall co-operate with M/s. Balaji Infrastructure and Development Co. Ltd. in the matter of transfer of membership and transfer of share certificates of the Society in favour of M/s. Balaji Infrastructure and Development Co. Ltd. (iv) Stamp Duty, Registration Charges and expenses in connection with the sale of the aforesaid property in favour of M/s. Balaji Infrastructure and Development Co. Ltd. shall be born by M/s. Balaji Infrastructure and Development Co. Ltd. (v) The Court Receiver shall arrange to execute the sale deed in terms of the above order within 15 days from receipt of authenticated copy of this order duty authenticated by the Associate of this Court. (vi) M/s. Balaji Infrastructure and Development Co. Ltd. shall follow up the matter with the Court Receiver for the purposes of getting the sale deed executed in their favour. (vii) The Court Receiver shall arrange to hand over vacant and peaceful possession of the 4 JO205.10.sxw aforesaid office premises immediately upon execution of the sale deed in favour of M/s. Balaji Infrastructure and Development Co. Ltd. (viii) Upon execution of the sale deed in favour of M/s. Balaji Infrastructure and Development Co. Ltd., the Court Receiver shall stand discharged without passing of accounts. The Receiver’s charges in so far as this job is done shall be calculated at the end of the Suit. (ix) After the possession is handed over to M/s. Balaji Infrastructure and Development Co. Ltd. as per this order, the Court Receiver shall issue a certificate certifying that the sale deed has been executed and possession has been given to M/s. Balaji Infrastructure and Development Co. Ltd. Said certificate shall be made available to the Bank of Baroda as well as Official Liquidator. Bank of Baroda shall produce the said certificate before the Prothonotary and Senior Master. Upon production of such a certificate, the Prothonotary and Senior Master shall pay to Bank of Baroda the amount of Rs.1,40,00,000/- and the interest accrued thereon, if any, for disbursement to concerned persons who are entitled to receive a share out of the sale proceeds. 5 JO205.10.sxw (x) Judge’s Order stands disposed of accordingly. 3. Since the Judge’s Order is being disposed of in terms of the above order, I have not formally signed the draft Judge’s Order which was made available to the Court. (R.Y. GANOO, J.)