1 crr208-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER’S REPORT NO.208 OF 2011 IN SUIT NO.2270 OF 2008 Prabha Narayan Kabbur & Ors .. Plaintiffs versus Ramesh N. Siddhanti & Ors .. Defendants Ms.Azmin Irani with Mr.Manish Doshi i/by Vimadalal & Co for the plaintiffs. Mr.Shailesh Thakkar for defendant No.2, 2(A). Ms.Deepa Hate i/by Gajria & Co for defendant Nos.5A to 5C. Mr.Gaurav Mehta a/w Ms.Smita R. Lad i/by M/s.Apex Law Partners for the purchasers. Mr.Sunil Tilokchandani a/w Mr.Ankush Vithlani i/by Manilal Kher Ambalal & Co for the intervener. Mr.G.G.Ketkar, 1st Assistant to Court Receiver, present. CORAM : S.C.DHARMADHIKARI, J. 28th September 2011. P.C.: . Heard. It is stated that the Sale Certificate would not suffice the purpose of the purchasers and they seek a conveyance in their name, as far as the flats which have been sold by the Court Receiver are concerned. 2 crr208-11.doc 2 It is stated on behalf of the parties to the suit that they have no objection to a conveyance being executed by the Court Receiver in favour of these purchasers, but that should clearly state that sale is pursuant to an order passed by this Court in the instant suit and, therefore, the property has been transferred pursuant to that sale. 3 To my mind, after perusing the report with the assistance of the counsel appearing for the parties, the Court Receiver can be directed to execute a conveyance in favour of the flat purchasers on payment of entire purchase price and stamp duty in respect of the respective flats and that the conveyance should clearly indicate that the sale was conducted in terms of the order passed by this Court in the suit and pursuant thereto, the property is conveyed. 4 It is for the Receiver to then consider the other requests of the purchasers either to add names of their family or other who are claiming through them and also approach the concerned Co-operative Housing Society for issuance of Share Certificates. 5 Needless to state that in terms of the conditions of sale, the Court 3 crr208-11.doc Receiver on due receipt of the names as stipulated above and on execution of the conveyance, shall hand over the vacant and peaceful possession of these flats to the flat purchasers. The report is disposed off in these terms. The copies of the Sale Deeds/Conveyance in favour of these flat purchasers be made available to the parties in this suit. The amounts/sale proceeds are to be disbursed in terms of the directions of this Court. The Court Receiver shall take prompt steps to disburse the same after four weeks of the date of execution of conveyance. (S.C.DHARMADHIKARI, J)