/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1584 OF 2008 IN SUIT NO.3192 OF 2007 WITH NOTICE OF MOTION 1919 OF 2008 IN SUIT NO.3191 OF 2007 Chandramohan R.Bagga ...Plaintiff Vs. Shardadevi R. Bagga & Ors. ..Defendants --- Mr. K.R. Parikh for Plaintiff / Applicant in support of Notice of Motion Mr. Rajesh Gehani for Defendant Nos.1 and 3 ---- CORAM: V.M. KANADE J. DATED 26TH SEPTEMBER,2008 P.C. 1. This is a second Notice of Motion No.1919 of 2008 has taken out by the Plaintiff. In the first Notice of Motion No.4443 of 2007, the consent terms were filed and the Notice of Motion was disposed of in terms of the consent terms. In the consent terms, it was agreed that the suit flats should be sold by inviting bids from the parties in the suit as well as in the open market. It was further agreed that out of the sale proceeds, the Plaintiff will have 30% share and balance 70% will be shared by the Defendant Nos.1, 2 and 3. Even the said order was passed, there was some dispute regarding valuation / 2 / of the said flat and, therefore, the suit flat could not be sold. 2. Therefore, the second Notice of Motion has taken out by the Plaintiff, seeking the following reliefs: (a) that the Consent Terms of Consent Order dated 24.3.2008 passed thereon be recalled by this Hon'ble Court, and hear the Notice of Motion No.4443 of 2007 on its own merits; (b) In the alternative to the aforesaid prayer (a) the Court Receiver, High Court, Mumbai be appointed as a Receiver of the Suit Flat to take possession of the suit flat and sell the same in terms of the Consent Terms dated 24.3.2008 with a minimum expected price of Rs.70,00,000/- or in any other method or mode as may be directed by this Hon'ble Court to the Receiver in that regard; (c) Cost of the Motion be provided for; (d) Such further and other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case be granted. 3. Since there was a dispute regarding the valuation of the suit flat, / 3 / this Court had appointed a valuer and asked him to submit a report regarding the market value of the suit flat. Accordingly, the valuer has submitted his report and has stated that the value of the suit flat is Rs.88,74,000/-. Both the parties have accepted the valuer's report. 4. In view of this, the consent terms should be given effect and the said suit flat will be sold either by the Plaintiff or by the Defendants and /or it will be sold in the open market. The Defendants shall co-operate with the Plaintiff in selling the suit flat in the open market and, thereafter, the sale proceeds may be divided as agreed in the consent order passed in the Notice of Motion No.4443 of 2007. The Defendant No.1, who is present in the Court, undertakes to co-operate fully with the Court Receiver in selling the said suit flat. 5. Accordingly, the Court Receiver is appointed in respect of the suit flat. He shall take the symbolic possession of the suit flat within one week from today. After taking the symbolic possession of the flat, the Court Receiver shall invite bids from the public at large and sale the flat and distribute the sale proceeds as per the agreed terms. The Defendant No.1 shall execute the sale deed, after the suit flat is sold. Liberty is granted to apply. Notice of Motion accordingly disposed of. In view of this Notice of Motion No.1584 of 2008 does not survive and is disposed of. V.M. KANADE J.