1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.115 OF 2008 IN APPEAL NO. 555 OF 2005 IN SUIT NO. 2812 OF 2001 JAYESH H. PANDYA .. APPELLANT Vs. SUKANYA HGOLDINGS PVT.LTD.& ORS. .. RESPONDENTS Mr. J. P. Sen i/b Jacinta D’Silva for appellant Ms. Manisha Puradia i/b Mansukhlal Hiralal & Co. for respondents 23 & 24. Ms. Jyoti Chavan for R-9 to 14 Mr. D. V. Deokar, 1st Asstt. to Court Receiver CORAM:SMT.RANJANA DESAI & K. K.TATED, JJ. DATED: 5/12/2008 P.C. . We have heard the learned counsel for the parties and Shri Deokar, 1st Asstt. to Court Receiver. 2 2. The Court Receiver has submitted his report dated 27/3/08. He is seeking directions from this court. In clause (a) direction is sought whether the Court Receiver should accept the offer received from respondent 13 i.e. Sushanku Builders Ltd. in the sum of Rs.1,29,000/- which is equivalent to reserve bid for being appointed as an agent of Court Receiver in respect of flat Nos. 401 and 402 situated at ’Pankaj Swati’ situated at North Avenue Road, Santacruz (West), Bombay-54 and grant agency to respondent 13 and to appoint them as agent of the Court Receiver in terms of order dated 19/9/06. Since the bid offered by respondent 13 is equivalent to reserve bid we issue directions to the Receiver in terms of clause (a). 3. In view of this direction sought in clause (b) which pertains to fresh advertisement does not survive. 4. Clause (c) seeks direction as to whether the agents of the Receiver occupying the various flats without payment of royalty and security be ordered to pay the property taxes in proportion. With regard to this clause, so far as flat Nos. 401 and 402 are concerned, since the Receiver is in 3 physical possession of the said flats from 6/5/03 till date, for the aforesaid period the Receiver shall pay taxes from the suit account. Needless to say that once the agent is appointed in respect of flat Nos. 401 and 402, the agent has to bear the proportionate burden of the property taxes. So far as the other flats are concerned, agents in occupation shall pay proportionate taxes. If the property taxes are not paid as directed, the Mumbai Municipal Corporation is directed to take necessary steps in accordance with law. 5. In view of the fact that we have passed direction sought in clause (c), directions sought in clauses (d) and (e) do not survive. 6. So far as clause (f) is concerned, the Court Receiver may appoint Architect to ascertain extent of repairs and likely costs for carrying out such repairs and put up further report before the court so that appropriate orders can then be passed in that regard. 7. So far as clause (g) which pertains to fees quantified at Rs.50,000/- payable to the valuer is concerned, the same may be paid from the suit 4 account. 8. So far as clause (h) is concerned, agents of flat Nos. 301 and 701 are directed to lodge their duly executed agency agreements within two weeks from today. 9. So far as clause (j) is concerned, it seeks costs of Rs.1000/- as incidental to this application. The said costs may be recovered from the suit account. 10. The agent of flat Nos. 401 and 402 will be free to carry on business which he is carrying on. However, he shall not create any third party interest and shall file the usual undertaking in the form of an affidavit in that behalf within two weeks from today. JUDGE JUDGE