VISTRA ITCL (INDIA) LTD Vs. SANJAY DATTATREY KAKADE

JUDGEMENT

(1.) Prayer clause (a) of the Court Receiver's Report indicates noncooperation by the respondents despite Receiver being appointed of numerous properties, which are described in Annexure-A to a letter dated 31st October 2019 from the applicants' Advocates ("Annexure-A"). Initially, the Receiver was not provided with any documents in relation to various properties listed in Annexure-A. Subsequently, out of the 22 items listed in Annexure-A, describing various plots of lands, agricultural, non-agricultural, commercial buildings, residential properties and lands, only one original document has been deposited with the Receiver. That pertains to item 2 of the Annexure-A. Item 2 describes the property as 12 Hectares at Village Range, Gat No.262, Mouje Range, Khed Shivapur, Tal. Haveli, Dist. Pune.

(2.) However, the Receiver points out that the Sale Deed dated 10th March 2011 deals with an area of only 5 H 19 R. Thus, there is clearly a shortfall of about 7 H, which is unexplained. Today, Mr. Godbole has no instructions whatsoever as to the balance area of land; whether there is a separate document by way of a Sale Deed or otherwise. He seeks time to take instructions.

(3.) In view of the fact that the original Sale Deed dated 10th March 2011 is now deposited with the Receiver, the Receiver, in my view, should take possession of the said land, as disclosed in the Sale Deed. A further disclosure in Exhibit-L to the further affidavit dated 25th October 2021 indicates that the property at item 2 is in possession of a tenant - Arjun Devkar.