SHAPOORJI PALLONJI & CO.LTD Vs. JIGNESH SHAH

JUDGEMENT

(1.) Heard Mr.Dwarkadas, learned Senior Counsel for the plaintiff and Mr.Khandeparkar, learned Counsel for the defendants. Prayers in the Court Receivers' report are as under:-

(2.) Mr.Dwarkadas, learned Senior Counsel for the plaintiff drawing my attention to the decree which is in terms of the Minutes of the Order filed in Appeal (lodg) no.289 of 2013 (alongwith the connected appeals) would submit that the amount which is now realised from the sale of the flats/tenements the details of which are set out at page 53 of the report, are entitled to the plaintiff as per clause 6(d) and 7 of the consent decree. He has also drawn my attention to the order dated 23 March 2018 passed by this Court (G.S.Patel, J.) on Notice of Motion no.89 of 2018 to contend that even in this order the Court has observed that the decree in question is a money decree and the role of the Court Receiver as agreed between the parties was to facilitate timely completion of the project and the necessary sales of flats, to ensure payment of the decreetal amounts to the plaintiffs. It is contended that the Court also observed that the construction to be done by the plaintiff, was entirely irrelevant and must be delinked from the sales of the flats, as these sales were not on behalf of the plaintiff from any legally tenable perspective. In paragraph (3) of the said order the Court made the following observations:-

(3.) Mr.Dwarkadas, learned Senior Counsel has also referred to paragraphs 17 and 18(a) of the said order to contend that the sales which are being effected by the Court Receiver are on behalf of the judgment debtors. Mr.Dwarkadas would also submit that as directed by this Court in paragraph 18(c) of the said order the amounts received from sale of 11 flats are now as deposited with the Court Receiver and is subject matter of the present report be permitted to be withdrawn by the plaintiff.