1 CHS155.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 155 OF 2010 EXECUTION APPLICATION (L) NO. 46 OF 2010 IN SUIT NO. 3279 OF 1987 Anant Narayan Kajrolkar. ... Plaintiff. V/s. Mrs. Neera Madhukar Kajrolkar & Ors. ... Defendants. Mr. P.S. Colabawala with N.M. Shah i/b. Madekar & Co. for the Plaintiff. Mr. Y.V. Divekar i/b. Divekar & Co. for Defendants 1B and 1C. CORAM : R.Y. GANOO, J. DATED : 04th OCTOBER 2010. P.C. :- Heard learned Counsels on both sides. Perused order passed in Chamber Summons No.372 of 2009. Parties were permitted to get their purchaser in order to get best price. Learned Counsels on both sides informed the Court that parties are unable to get their respective purchaser for selling the property. Learned Counsels on both sides suggested that instead of putting the property for sale through Office of the Commissioner for taking Accounts, if Newspaper advertisement is published and bids are invited from members of the public offering a particular price and out of 2 CHS155.10.sxw those bids if the property can be sold to the highest bidder that would meet the ends of justice and this procedure shall also be expeditious. 2. Learned Counsel for the Defendants submitted that the Defendants are also interested in buying out the share of the Plaintiff and for that purpose, the Defendants may be permitted to put up their offer in the sealed envelope if suggestion made by the learned Counsel on both sides is accepted. 3. I have perused the prayer clauses (b), (c) and (d) of Chamber Summons No. 372 of 2009. Since parties are coming out with a new proposal of calling for offers from members of the public in the sealed envelope, that procedure would be faster and therefore, I am inclined to accept that statement. 4. In view of this, following order is passed to dispose of this Chamber Summons :- (i) The request made by both the Counsels that property be sold by calling bids from the members of public by giving an advertisement in the newspapers is accepted. Accordingly, Office shall arrange to publish an advertisement in the newspaper viz. ‘Free Press Journal’ and ‘Navshakti’ published from Bombay. 3 CHS155.10.sxw (ii) The advertisement shall mention that the property described in the said advertisement i.e. the Suit property shall be sold by auction. For that, the intending purchaser should submit his offer in the sealed envelope to the Prothonotary and Senior Master within 15 days from publication of the advertisement. (iii) The advertisement shall also mentioned that the purchaser will have to bare stamp duty, costs and expenses for registration, transfer fees payable to the Society and other incidental expenses so as to have sale deed in his favour from the respective parties. (iv) The Defendants are permitted to put in their offer for the purposes of buying out share of the Plaintiff which will mean that if the offer submitted by the Defendants turns out to be highest on paying 50% of the said amount, the Plaintiff would convey his rights in favour of the Defendants in regard to the suit property. Both the sides shall arrange to have this advertisement published as aforesaid by sharing 50% of the expenses. (v) The advertisement shall also mention that there are no encumbrances on the property in question and upto the date of the sale deed all outgoings shall be disbursed by the Defendants. 4 CHS155.10.sxw (vi) Once the person who is going to purchase the property as the highest bidder is finalized, further steps can be taken subject to orders from the Court. (vii) The matter to appear on Board on 18th November 2010 on which date the Prothonotary and Senior Master shall arrange to produce in the Court all the sealed envelopes so as to decide as to who is the highest bidder. (viii) Adjourned to 18th November 2010 for directions. (ix) The Chamber Summons stands disposed of in the above terms with no order as to costs. (R.Y. GANOO, J.)