Gordon Hall Apartments Co. Op Hsg Soc Ltd. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

Gordon Hall Apartments Co. Op Hsg Soc Ltd. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; interim procedural directions only — APP to secure presence of the City Survey Office (Respondent No.2) with ACB assistance; liberty to the Applicant to serve Respondent No.3 through his advocate in the Criminal Appeal; City Survey Office letter/submission to be kept with the Interim Application; matter stood over to 30th July 2025, to be listed for 'Direction'.

Issue for consideration

Whether the Applicant/Appellant can be furnished or permitted to obtain extracts of the register seized during the Anti-Corruption Bureau investigation, which contains the property details of City Survey No.255, the City Survey Officer being unable to supply them while the record remains seized.

Court's answer

The learned APP is directed to secure the presence of the City Surveyor (Respondent No.2), who though served was absent, with the assistance of the Anti-Corruption Bureau; the ACB officer was present in Court.

Ratio / Principle

Respondent No.3, who is the Appellant, could not be served for want of proper address; the Applicant is at liberty to serve him through his Advocate appearing in the Criminal Appeal.

Key takeaways

The office submission, including the City Survey Office's letter seeking the record seized during investigation, is directed to be kept along with the Interim Application.ratio¶5

Detailed headnote1 paragraphs

Interim Application No.1183 of 2025 in Criminal Appeal No.579 of 2004, High Court of Judicature at Bombay (S. M. Modak, J.), order dated 16-07-2025: Certain records, including a register containing the property details of City Survey No.255, were seized during an Anti-Corruption Bureau investigation; the applicant-appellant, Gordon Hall Apartments Co-op. Hsg. Soc. Ltd. (through authorised signatory Musa Ismail Lakdawala), requires extracts of the register, which the City Survey Officer cannot supply while the record remains seized, the appeal arising from a conviction being pending. Interim directions: the learned APP to secure the presence of the City Surveyor (Respondent No.2), served but absent, with ACB assistance; Respondent No.3 (the Appellant) unserved for want of proper address, with liberty to the Applicant to serve him through his advocate appearing in the Criminal Appeal; the City Survey Office's letter seeking the seized record to be kept along with the Interim Application; matter stood over to 30-07-2025, to be listed for 'Direction'.

47-IA-1183-2025-IN-APEAL-579-2004.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

SATISH RAMCHANDRA SANGAR

Digitally signed by SATISH RAMCHANDRA SANGAR Date: 2025.07.21 11:23:48 +0530

INTERIM APPLICATION NO.1183 OF 2025 IN

CRIMINAL APPEAL NO.579 OF 2004

Gordon Hall Apartments Co-op. Hsg. Soc. Ltd. Through its authorized signatory: Mr.Musa Ismail Lakdawala

...Applicant/Appellant

V/s.

The State of Maharashtra and Ors.

...Respondents

*****

Mr.Aamir H. Koradia:-	Advocate for Applicant/Appellant.
Mr.C.D.Mali:-	APP for Respondents-State.
Mr.Gokul Borse:PI:-	Anti-Corruption Bureau–Mumbai.

*****

CORAM : S. M. MODAK, J. DATE : 16^th JULY 2025

P. C. :-

Heard learned Advocate for the Applicant and learned APP.

Certain record is seized during investigation by the Anti-

Corruption Bureau. There was conviction and now the Appeal No.579

of 2004 is pending in this Court. During investigation, the register is

seized. It also contains the property details of City Survey No.255. The

present Applicant is in need of its extracts. But the City Survey Officer

could not supply it because it was seized during investigation.

Satish Sangar

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47-IA-1183-2025-IN-APEAL-579-2004.doc

The Officer from the Anti-Corruption Bureau is present. The

City Surveyor is the Respondent No.2. He is served but no one is present. Let the learned APP to secure their presence with the

. assistance of the Anti-Corruption Bureau

The Respondent No.3 is the Appellant. He could not be served for proper address. The Applicant is at liberty to serve his Advocate .

who is appearing in the Criminal Appeal

The Sheristedar has put up before me submission by the Office. There is a letter sent by City Survey Office. They want the record which is seized during investigation. Let this submission also be kept

. along with this Interim Application

Stand over to 30^th July 2025 . To be listed for “ Direction ”.

[S. M. MODAK, J.]

Satish Sangar

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