Avenue Supermarts Pvt. Ltd vs Nischint Bhalla & Ors

4) Brief facts:

She died in the year 1991. It appears that there was some dispute between her heirs regarding the estate left by her. The plaintiffs therein filed the present suit for administration of estate of the deceased. The Notice of Motion being No. 3441 of 1995 in the suit was taken by the plaintiffs therein praying for appointment of a receiver on the properties left by Late Smt Durga Devi and for temporary injunction restraining the defendants therein from disposing or selling or creating any third party rights or interest in the property.

(b) A learned single Judge of the High Court, vide order dated 04.08.1998 disposed of the Notice of Motion by restraining the defendants, their agents and servants from creating any third party interest in or encumbering or selling or transferring or alienating in any manner whatsoever the immovable properties bearing Survey No. 97 of Mandavi Division, admeasuring 202 sq. yards, Plot No. 66 at Chembur, Ghatkopar, Mahul Road, admeasuring 502 sq. yards and ground Ist, 6th and 7th floor of Sky Lark Building known as Hitkari House along with certain other directions.

(c) On 01.12.1999, the said Award was made rule of the court by the High Court and a decree in terms of the said Award was passed in Arbitration Petition No. 148 of 1997.

(f) Bids were invited for the sale of the property at Chembur and the appellant herein gave bid of Rs. 20,15,00,000/- which was found to be highest and accepted by the parties also. No challenge was made to the sale contemplated under the provisions of the Code of Civil Procedure, 1908 (in short ‘the Code’). As there was delay in execution of the agreement, Defendant Nos. 4A, 4B and 5 made an application by way of Notice of Motion being No. 21 of 2006 to the court for completion and confirmation of the sale process. The learned single Judge of the High Court, vide order dated 10.02.2009 confirmed the sale process and directed execution of the documents in favour of the appellant.

12) From a reading of the directions given by the learned single Judge in the operative portion of the order dated 10.02.2009 reproduced above, we find that the learned single Judge had directed the appellant herein who was the respondent before learned single Judge to deposit a sum of Rs. 2,28,15,000/- with the Prothonotary & Senior Master, High Court of Bombay within one week and the advocate for the Defendant Nos. 4A, 4B and 5 was directed to return the pay order dated 05.08.2005 for the amount of Rs. 2,28,15,000/- back to the respondents therein against the aforesaid deposit. The Defendant Nos. 2, 4A, 4B, 5 and 6 were further directed to handover the original title deeds of Chembur property to the Prothonotary & Senior Master, High Court of Bombay to be kept in safe custody and the court receiver to take formal possession of the Chembur property within one week and get it vacated from the defendants therein and any party claiming through them. After intimation to the respondents about the vacant possession being available, the respondent (appellant herein), was required to deposit the remaining consideration of Rs. 17,86,85,000/- with the court receiver. In case the amount is not deposited within one week as directed, the deposit of Rs. 2,28,15,000/- would stand forfeited and was to be handed over to the credit of the suit. It was further directed that in case the amount is deposited as directed, the Defendant Nos. 2, 4A, 4B, 5 and 6 and heir of Defendant No. 8 shall allow the execution of an irrevocable Power of Attorney in the prescribed format before the sub-Registrar. The court receiver was then directed to hand over the possession of the Chembur property to the respondent and was also directed to handover the original title deeds to the respondent. The conveyance deed was also directed to be executed at the cost of the respondent.

Within one week therefrom, the Court Receiver shall take formal possession of the Chembur property and get it vacated from the defendants and any party claiming through them. The Receiver shall then intimate to the respondents about the vacant possession being available and within one week therefrom the respondents shall deposit the remaining consideration of Rs. 17,86,85,000/- with the court receiver High Court, Bombay. In case the amount is not deposited within one week as directed, then the deposit amount of Rs. 2,28,15,000/- shall stand forfeited and shall be handed over to the credit of the suit.

(8). The respondents shall pay to the Court Receiver the costs, charges and expenses of the Receiver to be worked out on the basis of actuals incurred and estimated by the Court Receiver and not on the basis of commission and the Court Receiver shall stand discharged without any further order of this Court.

OCTOBER 8, 2015.

(Arising from Special Leave Petition (C) No. 10721/2012 AVENUE SUPERMARTS PVT. LTD. Petitioner(s) VERSUS NISCHINT BHALLA & ORS. Respondent(s) Date : 08/10/2015 This appeal was called on for pronouncement of judgment today.

Hon'ble Mr. Justice R.K. Agrawal pronounced the reportable judgment of the Bench comprising Hon'ble Mr. Justice Ranjan Gogoi and His Lordship.

Leave granted.

The appeal is allowed in terms of the signed reportable judgment as follows: