1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.345 OF 2006 NO.345 OF 2006 NO.345 OF 2006 inin in EXECUTION EXECUTION EXECUTION APPLICATION APPLICATION APPLICATION NO.349 OF 2000 NO.349 OF 2000 NO.349 OF 2000 inin in SUMMARY SUMMARY SUMMARY SUIT SUIT SUIT NO.3095 OF 1998 NO.3095 OF 1998 NO.3095 OF 1998 Janice Janice Janice Textiles Ltd Textiles Ltd Textiles Ltd ...... Plaintiff Plaintiff Plaintiff vs vs vs Shri Shri Shri Ramesh Dujari Ramesh Dujari Ramesh Dujari ...... Defendant Defendant Defendant & Arunodaya Arunodaya Arunodaya Minerals Pvt.Ltd .. Claimant Minerals Pvt.Ltd .. Claimant Minerals Pvt.Ltd .. Claimant Mr.Birendra Mr.Birendra Mr.Birendra Saraf Saraf Saraf a/w Ms.N.P.Badiyani i.b a/w Ms.N.P.Badiyani i.b a/w Ms.N.P.Badiyani i.b M/s M/s M/s Negandhi Negandhi Negandhi Shah Himaytullah for Plaintiff Shah Himaytullah for Plaintiff Shah Himaytullah for Plaintiff CORAM CORAM CORAM : : : S.J.Vazifdar, J S.J.Vazifdar, J S.J.Vazifdar, J DATED DATED DATED : : : 28th February, 2008 28th February, 2008 28th February, 2008 P.C. P.C. P.C. 1.1.1. It is true that at two previous auctions the It is true that at two previous auctions the It is true that at two previous auctions the said said said flat could not be sold. The auctions were flat could not be sold. The auctions were flat could not be sold. The auctions were held held held in the year 2004 and 2005. It is now two in the year 2004 and 2005. It is now two in the year 2004 and 2005. It is now two years years years since the last attempt was made. since the last attempt was made. since the last attempt was made. 2.2.2. I am not inclined to permit the sale of the I am not inclined to permit the sale of the I am not inclined to permit the sale of the flat flat flat by private treaty especially in the absence of by private treaty especially in the absence of by private treaty especially in the absence of the the the defendant. Nor am I inclined to delete the defendant. Nor am I inclined to delete the defendant. Nor am I inclined to delete the condition condition condition of a reserve bid at this stage. It is of a reserve bid at this stage. It is of a reserve bid at this stage. It is always always always open to the Court when the bids are placed open to the Court when the bids are placed open to the Court when the bids are placed before before before it to sanction the sale even if it is less it to sanction the sale even if it is less it to sanction the sale even if it is less than than than the reserve bid if the Court otherwise deems the reserve bid if the Court otherwise deems the reserve bid if the Court otherwise deems ititit proper to do so. proper to do so. proper to do so. 3.3.3. In the circumstances, the Chamber Summons is In the circumstances, the Chamber Summons is In the circumstances, the Chamber Summons is disposed disposed disposed of with the following order : of with the following order : of with the following order : 2 O R D E R R D E R R D E R (i) (i) (i) The flat shall be auctioned within 8 The flat shall be auctioned within 8 The flat shall be auctioned within 8 weeks weeks weeks from from from today. The plaintiff shall be at today. The plaintiff shall be at today. The plaintiff shall be at liberty liberty liberty to to to bid at the auction. bid at the auction. bid at the auction. (ii) (ii) (ii) The The The bids shall be placed by the Sheriff bids shall be placed by the Sheriff bids shall be placed by the Sheriff of of of Bombay before the Court seeking Bombay before the Court seeking Bombay before the Court seeking directions directions directions as to whether the same ought to as to whether the same ought to as to whether the same ought to be be be accepted accepted accepted or not ? At the hearing of such or not ? At the hearing of such or not ? At the hearing of such a report, the Sheriff of Bombay shall also report, the Sheriff of Bombay shall also report, the Sheriff of Bombay shall also give give give notice to the plaintiff and the notice to the plaintiff and the notice to the plaintiff and the defendant defendant defendant and and and to the bidders if any; to the bidders if any; to the bidders if any; (iii) (iii) (iii) It will be open to the plaintiffs to It will be open to the plaintiffs to It will be open to the plaintiffs to apply apply apply for adjusting the decretalamount for adjusting the decretalamount for adjusting the decretalamount against against against the auction bid by the plaintiff if the auction bid by the plaintiff if the auction bid by the plaintiff if any. any. any.