PRAMILA ANAND AGARWAL Vs. VILAS CHANDRAKANT GAOKAR

JUDGEMENT

(1.) By this notice of motion, the applicant-original plaintiff seeks appointment of the Court Receiver, High Court, Bombay in respect of a plot of land, along with building standing thereon, situate at C.T.S. No.180/74 of Parel-Sewree Division, Parel, Mumbai, to take possession thereof from the defendants, if found in possession. It also seeks a direction to the Receiver to handover possession of the premises to the plaintiff or her nominee.

(2.) The building is comprising of ground plus three upper floors and is said to include certain commercial units. I may mention here that the suit, as filed, was by the two plaintiffs; plaintiff no.1 has since expired, plaintiff no.2, being the widow of the original 1st plaintiff, is pursuing the suit.

(3.) The defendant no.1 is said to be the sole proprietor of Shree Swami Samarth Constructions. The defendant nos.2 and 5 are husband and wife. Defendant No.2 is said to own and control one Amar Remedies Limited. Defendant no.3 is a securities dealer and defendant no.4 is said to be a family friend of the original plaintiff. Defendant nos.3 and 4 are believed to have requested plaintiff no.1 to help defendant no.2 financially in or about August, 2012. Defendant no.2 had booked seven flats in a building being constructed by defendant no.1 i.e. the suit property. The said defendant nos.2, 3 and 4 introduced plaintiff no.1 to defendant no.1. Later, defendant no.1 executed agreements against payment of Rs.9.50 crores by plaintiff no.1 to defendant no.1. Certain other amounts are also said to have been paid out by plaintiff no.1. However, the present suit seeks recovery of a sum of Rs.9.50 crores and interest thereon @ 36% p.a. and in the suit a Consent Order was passed.