Case Note & Summary
The matter pertained to the execution of a consent award obtained in arbitration proceedings between Camoran Finance & Investments (claimants) and Viral Enterprises and others (defendants). The award was passed on November 3, 2003. The claimants filed Execution Application No. 77 of 2002 to enforce the award. In the course of execution, this court ordered the sale of a property situated at Chakala, Andheri (East), Mumbai, by public auction. The Commissioner for Taking Accounts issued a public notice on December 16, 2003, published in the Free Press Journal on December 19, 2003, setting out the terms and conditions of sale. The auction was scheduled for January 15, 2004. The sale was to be conducted on an 'as is where is' and 'as is what is' basis, and the conditions stipulated sealed offers with a deposit of Rs. 10 lakhs, bidding procedures, confirmation by the court, payment schedules, forfeiture provisions, and conveyance terms. An earlier auction held on November 5, 2003, resulted in the last offer by Zoom Developers for Rs. 3.15 crores being kept open. Meanwhile, Sudarshan Constructions filed Chamber Summons No. 859 of 2004, raising certain issues. The Commissioner filed a report dated August 12, 2004, and Advocate Deepak Singh filed a praecipe dated September 29, 2004. All three proceedings were heard together. The court, after hearing counsel for the applicants, claimants, and various respondents, including the Commissioner, delivered an oral judgment. However, the judgment text is incomplete and does not contain the court's reasoning, findings, or final directions. Thus, the outcome and ratio decidendi remain unascertainable from the available record.
Issue of Consideration
CHAMBER SUMMONS NO.859 OF 2004
Case Details
2005 LawText (BOM) (09) 40
Chamber Summons No. 859 of 2004 in Execution Application No. 77 of 2002
Mr. Deepak Chitnis, Mr. G.R. Joshi, Ms. Deepti Wakhade, Mr. P.N. Mody, Mr. S.D. Mishra, Mr. Kishore Jain
M/s. Sudarshan Constructions
Mr. Pradeep Wadhwa, Mr. Deepak Singh, Mr. Vijay Pandey, Commissioner for Taking Accounts, M/s. Zoom Developers Pvt. Ltd., M/s. M.B. Developers, M/s. Sarathi Finvest Developers Pvt. Ltd., Magnificent Construction Pvt. Ltd.
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Nature of Litigation
Execution of consent award through sale of property by public auction.
Previous Decisions
Consent award passed in arbitration on November 3, 2003; Execution Application No. 77 of 2002 filed; Orders dated April 7, 2003, November 10, 2003, December 11, 2003 regarding auction sale; earlier auction held on November 5, 2003 with last offer by Zoom Developers of Rs. 3.15 crores kept open.
Judgment Excerpts
The sale is on "as is where is basis" and "as is what is basis" and the purchaser will have to take care of all liabilities and encroachments attached to the property.
The intending purchaser shall submit his offer in a sealed cover in the office of the Commissioner for Taking Accounts, High Court, Bombay on or before 14th January 2004 before 4.00 p.m. along with D.D./Bank's Pay order of a value of Rs.10,00,000 (Rupees ten lakhs only) issued in favour of the "Commissioner, High Court, Bombay" as a deposit for participating in the said auction.
Procedural History
Arbitration proceedings between Camoran Finance & Investments (claimants) and Viral Enterprises & Ors. (defendants) resulted in a consent award passed on November 3, 2003. Execution Application No. 77 of 2002 was filed by the claimants. The Court ordered sale of the subject property by public auction. Public notice was issued on December 16, 2003, and auction held on January 15, 2004. Earlier auction on November 5, 2003, saw Zoom Developers' final offer of Rs. 3.15 crores kept open. Chamber Summons No. 859 of 2004 was taken out by Sudarshan Constructions. The Commissioner filed a report dated August 12, 2004. Advocate Deepak Singh filed a praecipe on September 29, 2004. All three matters were heard together and disposed of by this common oral judgment dated September 21, 2005.
Acts & Sections
- Indian Partnership Act, 1932:
- Companies Act, 1956:
