ADANI EXPORTS LIMITED Vs. KAMLABEN M DESAI

JUDGEMENT

(1.) THIS Notice of Motion is taken out by the Plaintiff. The Plaintiff has filed this suit for a decree of specific performance of the agreement dated 16th October, 1997. By that agreement, the defendant No.1 sold flat No.A7 in the building of the Defendant No.5/society for a consideration of Rs.60,00,000/-. According to the agreement, the full amount of consideration was paid on the date of the agreement. However, possession of the flat was not given, because some internal changes had to be made so that the flat No.A7 is separated from the adjoining flat No.A8 and separate entrance can be made to flat No.A7. According to the Plaintiff, the Defendant No.1 undertook to do that within a period of 15 days from the date of the agreement.

(2.) BY this Notice of Motion the Plaintiff prays for appointment of the Receiver on the suit flat. The defence of the Defendants is that there were some business dealings between the Plaintiff and the husband of the Defendant No.1; that at the relevant time the husband of the Defendant No.1 was arrested, the Defendant No.1 needed money to get her husband released and therefore, she approached the Plaintiff and the Plaintiff agreed to pay the amount of Rs.60,00,000/- to her, out of the total amount of Rs.10,00,00,000/- (rupees Ten Crores) that was paid by the Plaintiff to the husband of the Defendant No.1, and just to justify the payment in the account book the agreement was signed by her.

(3.) TAKING overall view of the matter, it appears that the defence put up by the Defendant No.1 at least prima facie cannot be accepted. On the other hand, there is an agreement of sale duly signed by the Defendant No.1 and her son. The receipt of Rs.60 lakh is also admitted by the Defendant No.1. In these circumstances, therefore, in my opinion, it would be appropriate to appoint the Receiver on the property. Notice of Motion is, therefore, granted in terms of prayer clause (a) excluding bracketed portion. It is directed that the Receiver shall only take symbolic possession of the suit flat. The Receiver may appoint the Defendant No.1 as his agent to be in possession of the flat on usual terms and conditions including royalty. It is further directed that in case the Defendant No.1 does not come forward to execute the agency agreement within the period of six weeks from the date on which the offer is made to her, the Receiver shall take physical possession of the suit flat from the Defendant No.1. Thereafter, after securing the permission from the Defendant No.5/ Society, the Receiver shall take steps at the expenses of the Plaintiff to have the flat separated as contemplated by agreement between the parties and then place the Plaintiff in possession of the flat in possession as agent of the Receiver on usual terms and conditions without any royalty and security. Till the Receiver takes possession, ad-interim order in terms of prayer clause (b) shall operate. At the request of the learned Counsel for the Defendant No.1, it is directed that the Receiver shall not take even symbolic possession of the flat for a period of four weeks from today. Receiver & parties to act on simple copy of the order duly authenticated by the Associate/ Personal Secretary of the Court as a true copy.