3-CRR32-2021 IN S260-2018.DOC

Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COURT RECEIVER’S REPORT NO. 32 OF 2021

IN

SUIT NO. 260 OF 2018

Yashwanti Jaisinghrao Suryavanshi

…Plaintif

Versus

Girish Waman Firke & Ors

…Defendants

Mr Piyush Raheja, with Mr Jayesh Mestry, for the Plaintiff

Mr Akshay Kadam, i/b Dushyant Purekar, for Defendant Nof 7f

Mr Mutahhar Khan, with Vishal Mehta, & Christopher D’Souza, i/b

M/sf MV Law Partners, for the

Applicant in NM-1255/2019f

Mr DN Kher, Court Receiver, is presentf

Mrs Rekha Rane, IInd

Assistant to the Court Receiver, is presentf

Mr Satish Gangurde, Section Ofcer in the Ofce of Court Receiver, is

presentf

CORAM: G.S. PATEL, J

DATED:

3rd March 2021

PC:-

1.

This Court Receiver’s Report pertains to the estate of

Barrister Kalsekar, an Advocate of this Court. There are several

previous orders, some by me and others by other Benches in relation

to the various immovable properties, a motor car and so on.

Page 1 of 5

3rd March 2021

Atul G.

Kulkarni

Digitally signed

by Atul G.

Kulkarni

Date: 2021.03.04

10:58:57 +0530

3-CRR32-2021 IN S260-2018.DOC

2.

For the present, it appears that in regard to Flat No. 42 in the

Kshitij Cooperative Housing Society Ltd. at Bandra, the Court

Receiver was, under a pair of previous orders that I made, to take

possession of the fat and the associated car parking space. When

the Receiver went to the site, he found the deceased’s Innova motor

car parked in an open car parking space. He accordingly took

possession of that car parking space (apart from the fat itself).

Later, the society pointed out that this was not the car parking space

‘associated’ with the fat. The associated car parking facility was an

stilt car parking facility. On being told this, the Court Receiver

returned and after some initial obstruction was fnally able to take

possession of the stilt car parking space as well. Today, both the stilt

car parking space and open car parking space are in the Receiver’s

possession.

3.

The society accepts that it associates a stilt car parking space

with the fat, so that if the fat is sold the stilt car parking space goes

with it. The open car parking spaces are allotted on a preferential,

need-based or rotational system, but are not ‘associated’ with the

fats, meaning that if the fat is sold, the right to use the open car

parking space does not go with it.

4.

This being the situation, the Receiver must return to the

society possession of the open car parking space. It is not possible to

accept Mr Raheja’s submission that the open car parking space must

be deemed to have been part of the estate of the deceased or must be

deemed to have been associated to the Kshitij CHS Flat No. 42.

Page 2 of 5

3rd March 2021

3-CRR32-2021 IN S260-2018.DOC

5.

It seems that in respect of Flat No. 22 on the ffth and sixth

foor of another property called Bhimrao House, Mss. Amol Bora &

Company have suggested several repairs to render that inhabitable

condition. Obviously, this will need to be done to preserve the

estate. The recommendations for repairs are accepted, and there

will be an order in terms of prayer clauses (a) and (b) of the Report

in regard to the payment of these costs.

6.

There is a motor car that is now nearing vintage value. None

are interested in this vehicle. The Court Receiver will take all

necessary steps to sell the vehicle as expeditiously as possible at the

best possible value. If there are no buyers for the car, the Receiver

will seek directions from the Court so that we can address the next

question of whether it should be sold as scrap.

7.

There will thus be an order in terms of prayer clause (c) of the

Report as well.

8.

The professional fees of Mss. Amol Bora & Company are

required to be paid. At this stage, the Court Receiver will pay the

entire fees of Mss. Amol Bora & Company from the funds that are

available in his hands. Whether these are to be ultimately recovered