9911796707
TMI Blog2018 (2) TMI 2082X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, 318, Union Park, Pali Hill Road, Khar (West), Mumbai 400 052. Fullerton says that it is a secured creditor of the Respondent, Jitenderpal Singh Chadha ("Jitenderpal"). The flat was mortgaged to Fullerton as security for the repayment of a loan of Rs.9,06,85,020/- sanctioned by Fullerton under a sanction letter dated 30th July 2014 in favour of one Tornado Motors Pvt Ltd ("Tornado"). Jitenderpal was the co-borrower. He offered this flat as security. Fullerton found from the society that the flat was already mortgaged to IndiaBulls Housing Finance Limited on 26th March 2013. Part of the loan amount sanctioned by Fullerton was thus agreed to be paid to IndiaBulls to release its claim, charge and mortgage on the flat. Fullerton and Jitenderpal executed a facility agreement dated 31st July 2014. As part of this, an amount of Rs.4,06,02,793/- was paid to IndiaBulls in redemption of the mortgage. A copy of the facility agreement is annexed. IndiaBulls executed a registered Deed of Reconveyance dated 20th August 2014 with the Respondent. It released its charge, lien and mortgage on the flat. This document is registered. On 20th August 2014, Jitenderpal executed a Deed of Simple Mortga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other hand with specific request that the said letters forwarded by them to me may be treated as a reference. A careful perusal of the said agreement shows that the parties to the said agreement have made specific arrangement for referring the matter to Arbitration as per The Arbitration and Conciliation Act, 1996. I am satisfied that under the said agreement, I am entitled to entertain the said reference in respect of the dispute between Mr Prithipal Surendersingh Chadha on one hand and Mr Jitenderpal Singh Chadha, on other hand as all the parties have accepted and appointed me as an Arbitrator to resolve the dispute and accordingly I proceed to entertain the said References. 2. As could have been seen from the Reference made by Claimant, it is his contention that he had advanced an amount of Rs.1,30,00,000/-, Rs.60,00,000/-, Rs.35,00,000/- and Rs.55,00,000/- aggregating to Rs2,80,00,000/- (Rs. Two crores eighty lakhs only). The Claimant handed over a cheque for Rs.1,30,00,000/- and made RTGS for Rs.60,00,000/- on or about 27th September 2012. Further, the Claimant handed over cheques along with RTGS form for Rs.35,00,000/- and Rs.55,00,000/- for making RTGS in favour of the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er in Execution. Father-in-law and son-in -law were careful to arrange separate legal representation. Jitenderpal, the son-in-law, through his counsel blithely and promptly told the Court that he was in financial difficulty, that the flat had already been attached and therefore persuaded the Court to grant the reliefs in the Chamber Summons. This was allowed. This is prayer clause (a) of the Chamber Summons: "(a) that this Hon'ble Court be pleased to appoint Court Receiver, High Court, Mumbai as Receiver of the property viz. Flat No.C/12, Cenced Apartment, 318, Union Park, Pali Hill Road, Bandra (West), Mumbai 400 052 and all other attachable there at and more particularly set out in the above Execution Application with power to take possession thereof from Respondent, if required and to hand over the same to the Claimant and/or to such person as this Hon'ble Court may deem fit and proper as agent of the Court Receiver, High Court, Bombay;" 10. I have the record of the Chamber Summons with me and there is no Affidavit in Reply. In short, the son-in-law submitted to an order of appointment of the Receiver in a Chamber Summons filed by his father-in-law in respect of this very fla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 9(1) of the Contempt of Courts (Bombay High Court) Rules, 1994 to the Claimant, Prithipal S Chada, the Respondent Jitenderpal Singh Chadha and the Advocate Mr Dattatray R Parab, B/301, Greenwoods CHSL, Chikoo wadi, Shimpoli Link Road, Boriwali (West), Mumbai 400 092, returnable on 12th March 2018 on the supplementary board, each to show cause why they should not be proceeded against and punished for having committed contempt of Court. 17. Mr Parab will also required to show cause why a recommendation should not be made to the Bar Council Maharashtra and Goa to have his name struck off the rolls for his involvement in this matter and for having made and published a thoroughly fraudulent and collusive award. 18. Since prayer clause (c) has been granted there is no reason to request the Magistrate to take further action. 19. The Court Receiver will proceed to deliver vacant possession of the flat and will eject Jitenderpalsingh Chadha from it. He will do so in the next 48 hours by 5.00 p.m. tomorrow 13th February 2018. The local police authorities at Pali Hill / Khar will render the necessary police assistance to the Court Receiver and they will act on production of an authen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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