In the Matter Between: Integro Finserv Private Limited v. Sanjana Enterprises and Swati Sitaram Kathole
2026-02-04
Madhav J Jamdar
body2026
DailyLaw.ai
JUDGMENT : MADHAV J. JAMDAR, J. 1. By order dated 18 th June, 2018 and further order dated 15 th April, 2022 passed by a Learned Single Judge of this Court, Defendant Nos.1 and 2 have filed an affidavit of disclosure of assets, dated 15 th July, 2022. Paragraph 3 of the said affidavit reads as under : “3. I say that I am permanent resident of Village Sarmal, Taluka Shahapur, District Thane and at present I am residing at the address as stated above. I say that I am having 50% share in Gat No. 179 admeasuring 0.47.70 HR situated at Village Sarmal Taluka Shahapur, District Thane. I say that save and except this property there is no property in my name. A true copy of 7/12 extract is annexed hereto and marked as “EXHIBIT-1" to this Affidavit of Disclosure of Assets.” 2. Ms. Yewale, Learned Advocate appearing for Defendant Nos. 1 and 2 states that Mr. Sham Narayan Kathole, the brother of Defendant No.1 is having 50% share in the said Gat No. 179. She further states that the Defendant Nos. 1 and 2 have no objection if the Court Receiver, High Court, Bombay is appointed in respect of Gat No. 179 admeasuring 0.47.70 HR situated at Village Sarmal Taluka Shahapur, District Thane and 50% share out of said property of the Defendant No. 1 can be sold in execution. Ms. Yewale, on instructions, states that Defendant Nos. 1 and 2 will take steps for fencing the subject property and hand over the same to the Court Receiver. 3. Accordingly, the Court Receiver is appointed in the following terms : (i) The Court Receiver, High Court, Bombay is appointed as Court Receiver with respect to Gat No. 179 admeasuring 0.47.70 HR situated at Village Sarmal Taluka Shahapur, District Thane (“subject property”), with all the powers under Order XL of the Code of Civil Procedure, 1908. (ii) The necessary charges as per the relevant rules will be deposited by the Applicants with the Court Receiver. (iii) The Defendant Nos. 1 and 2 shall get the subject property fenced within a period of 10 days. (iv) The Court Receiver to take possession of the subject property as expeditiously as possible. (v) At this stage, the Court Receiver to appoint Mr. Sham Narayan Kathole as agent without paying any royalty and/or security on the condition that Mr.
(iii) The Defendant Nos. 1 and 2 shall get the subject property fenced within a period of 10 days. (iv) The Court Receiver to take possession of the subject property as expeditiously as possible. (v) At this stage, the Court Receiver to appoint Mr. Sham Narayan Kathole as agent without paying any royalty and/or security on the condition that Mr. Sham Narayan Kathole gives an undertaking to this Court that he will safeguard the subject property. (vi) The Court Receiver shall thereafter take steps for sale of 50% share of the subject land of Mr. Sitaram Narayan Kathole, Respondent No. 1. 4. Stand over to 25 th February, 2026 at 3:00 p.m.