Girish Vinodrai Gandhi and Anr. v. the State of Maharashtra and Ors.

Bombay HC10 Oct 2005APPLN/4962/2005

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HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL…

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AJN

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.4962 OF 2005

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Mr. Girish V. Gandhi & Anr. ... Applicants Vs. State of Maharashtra & Ors. ... Respondents

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Mr. Jayesh Bhatt for the petitioners.

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Mr. D.R. More, A.P.P. for the State.

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Mr. A.M. Saraogi for respondents 2 and 3.

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CORAM: SMT. RANJANA DESAI & ANOOP V. MOHTA, JJ.

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DATED: 10TH OCTOBER 2005.

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P.C. :-

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1. The applicants are		the	memb	ers o	f	V	asundhara
Co-operative Housing Societ	y L	imited.		It app	ears		that
they had entered into agree	ments	for	purch	ase of	on	e	flat
each with the said Society	.	The	said	Society	had		issued
share certificates to the	app	licants	in	respect	of		their
respective flats. Applicant	1	claims	tha	t he	has		paid
Rs.2 lacs for his flat	leaving	a	bala	nce of	R	s	.1,42,500/-
payable to the Society	against	posse	ssion.	Ap	plicant		2
has paid the entire a	greed	con	sideration	of	R	s	.3,43,000/-
for his flat. However,	they	have	yet	not	got		possession
of their flats. The case	of	the	applic	ants, i	n sh	o	rt, is
that the police have not	taken	steps	to	arrest	the		main
accused Mohan Prasad and	his	wife.	M	ohan	Prasad		was
acting as the Chief Promoter	of	the	said	Society.	H		e had

Girish Vinodrai Gandhi and Anr. v. the State of Maharashtra and Ors.

Bombay HC10 Oct 2005APPLN/4962/2005

Download

Case brief

from the order text

What is this about?

HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL…

A compact analysis

¶1

AJN

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL APPLICATION NO.4962 OF 2005

¶5

Mr. Girish V. Gandhi & Anr. ... Applicants Vs. State of Maharashtra & Ors. ... Respondents

¶6

Mr. Jayesh Bhatt for the petitioners.

¶7

Mr. D.R. More, A.P.P. for the State.

¶8

Mr. A.M. Saraogi for respondents 2 and 3.

¶9

CORAM: SMT. RANJANA DESAI & ANOOP V. MOHTA, JJ.

¶10

DATED: 10TH OCTOBER 2005.

¶11

P.C. :-

¶12

1. The applicants are		the	memb	ers o	f	V	asundhara
Co-operative Housing Societ	y L	imited.		It app	ears		that
they had entered into agree	ments	for	purch	ase of	on	e	flat
each with the said Society	.	The	said	Society	had		issued
share certificates to the	app	licants	in	respect	of		their
respective flats. Applicant	1	claims	tha	t he	has		paid
Rs.2 lacs for his flat	leaving	a	bala	nce of	R	s	.1,42,500/-
payable to the Society	against	posse	ssion.	Ap	plicant		2
has paid the entire a	greed	con	sideration	of	R	s	.3,43,000/-
for his flat. However,	they	have	yet	not	got		possession
of their flats. The case	of	the	applic	ants, i	n sh	o	rt, is
that the police have not	taken	steps	to	arrest	the		main
accused Mohan Prasad and	his	wife.	M	ohan	Prasad		was
acting as the Chief Promoter	of	the	said	Society.	H		e had

3. Admittedly, the	applicants have filed suits	in	the
Co-operative Court against	the Society and	the	Chief
Promoter for the specific	performance of their		agreements
with the Society. We	have no doubt that th	e	Co-operative
Court will take care	of those suits and	pass	such
appropriate orders as may	be necessary. So far	as	the
prayer of the applicants	that respondent 1 be	direc	ted to
find out the whereab	outs of remaining acc	used	in
C.R.No.67 of 2002 and	arrest them and inves	tigate	the
matter is concerned, Mr.	More, the learned A.P	.P.	made
a statement that the	police are taking all		necessary
steps to arrest them.	He has stated that re	cently	the
police have caught hold	of one accused at		Bangalore.
He states that Mr. V.S	. Dalvi, the Inspector	of	Police,
Economic Offences Wing,	Unit II, is proceeding t	o	Delhi
to arrest the main accused.	We hope and trust	that	the
police take prompt action	and arrest the accused	.	Their

prompt a	ction is n	ecessary in vi	ew of	the seriousness of
the case.
4.	So	far	as	the prayer regarding	18	flats	is	conc	erned,
since	the	Special	Cou	rt under the MPID	Act	as	well	as	the
learned		Magistrate,		Esplanade Court are	seiz	ed	of		the

matter,	the		applicants	will	make	n	ecessary a	pplication
before	the	said	courts	and, if	su	ch	application is	made,
the	said	courts	should	consider	them	in	accordance	with
law	and	pass	appropri	ate orders	so	as	to protect	the

Girish Vinodrai Gandhi and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

A compact analysis

Parties & counsel

Coram

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2.	The appl	icants’	grievanc	e is	that they ha	ve still	not
got	the p	ossession	of	their	respective flats	though	they
have	paid the	m	oney.	In this	application	they	have
prayed	that res	pondent	1	be	directed to	find	out
whereabouts	of	remaining	accus	ed in	C.R. No.67	of	2002
and	arrest	them	and	investigate	the matter	further	and
respondent	1	be	further	directed	to seize or	attach	or
seal the	remainin	g 18	flats	in	the building	of Vas	undhara
Co-operative	Ho	using	S	ociety	Limited s	ituated	at
Gokuldham,	Goregaon	(E	ast),	Mumbai	- 400 063	and	to
ascertain	from	occupants	if	any of	the said 18	flats	as
to the	person/s	from	whom	they	have acquired	their	rights