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Anurag Goel v. Chhavi Anurag Goel and Anr.

Bombay HC2 Apr 2025WP/416/2025

Case brief

AI extract

What is this about?

Bombay HC Criminal Writ Petition 416/2025, Madhav J. Jamdar J, 05-02-2025; Anurag Goel v. Chhavi Anurag Goel & Anr.; refusal to vacate ad-interim relief of Order dated 19-06-2024 (Gauri Godse J); Division Bench judgment 19-11-2024 in Criminal Writ Petition 2638/2022 stayed by Supreme Court in SLP; maintenance dues of Flat No.A-52, Kalpa Taru Habitat Co-op. Housing Society Ltd. notice 07-01-2025; C.C. No.1336/PW/2018, Metropolitan Magistrate 15th Court Sewree; C.R. No.63 of 2018; Consent Terms — Gift Deed, flat value above Rs.5 crore; final hearing 06-03-2025.

What did the court decide?

Prayer of Respondent No.1 to vacate the ad-interim relief granted by Order dated 19 June 2024 rejected at this stage; the ad-interim relief continues; the Writ Petition stands over to 6 March 2025 for final hearing. ¶21

Anurag Goel vs Chhavi Anurag Goel and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the ad-interim relief granted by Order dated 19 June 2024 by a learned Single Judge (Gauri Godse, J.) in this Writ Petition ought to be vacated, as prayed by Respondent No.1 relying mainly on the Division Bench judgment dated 19 November 2024 in Criminal Writ Petition No.2638 of 2022.

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Court's answer

Since the Division Bench judgment dated 19 November 2024 in Criminal Writ Petition No.2638 of 2022, on which Respondent No.1 heavily relied, stands stayed by the Supreme Court, no case is made out at this stage for vacating the ad-interim relief granted by Order dated 19 June 2024 by a learned Single Judge of this Court.

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Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction (Madhav J. Jamdar, J.), Criminal Writ Petition No.416 of 2025, order dated 05 February 2025 — Respondent No.1 (appearing in person) sought vacation of the ad-interim relief granted by Order dated 19 June 2024 of Gauri Godse, J. in this Writ Petition, and directions to the Petitioner to pay maintenance dues of Flat No.A-52 demanded by notice dated 7 January 2025 of Kalpa Taru Habitat Co-op. Housing Society Ltd.; she relied mainly on the Division Bench judgment dated 19 November 2024 in Criminal Writ Petition No.2638 of 2022. Counsel for the Petitioner pointed out that a Special Leave Petition against that judgment is pending in the Supreme Court, which has stayed operation of the judgment and of proceedings in C.C. No.1336/PW/2018 (Metropolitan Magistrate, 15th Court, Sewree) arising out of C.R. No.63 of 2018. Held: the relied-upon Division Bench order stands stayed by the Supreme Court; no case is made out at this stage to vacate the ad-interim relief. Per the Consent Terms, the Petitioner is to execute a Gift Deed of the flat (stated value exceeding Rs.5 crore) in favour of Respondent No.1, who is to pay the maintenance and resides in the flat. Matter stood over to 6 March 2025 for final hearing, as recorded in the Order dated 19 June 2024.

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43-WP-416-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.416 OF 2025

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Anurag Goel …Petitioner Versus

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Chhavi Anurag Goel & Anr.

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…Respondents

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Mr. Prabhjit Jauhar a/w Ms. Pooja Jalan, for the Petitioner.

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Ms. Chhavi Anurag Goel, Respondent No.1-Party in-person.

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CORAM: MADHAV J. JAMDAR, J. DATED: 05 FEBRUARY 2025

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P.C.:

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1. Heard Ms. Chhavi Goel, Respondent No.1 who appears in-person. She submits that the Kalpa Taru Habitat Co-op. Housing Society Ltd. (Society) has issued notice dated 7^th January 2025 inter alia seeking maintenance dues of the Flat No.A-52 in the said Society (Said Flat). She submits that the Petitioner be directed to pay the said amount. She also submits that ad-interim relief granted by Order dated 19^th June 2024 by a learned Single Judge ( Coram: Gauri Godse, J. ) in this Writ Petition be vacated. She has mainly relied on the Division Bench Judgment of this Court passed in Criminal Writ Petition No.2638 of 2022 on 19^th November 2024.

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2. Learned Counsel for the Petitioner submits that as per the elaborate Consent Terms the Petitioner is to execute the Gift Deed in

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Page No. 1

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Vaibhav

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43-WP-416-2025.doc

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favour of the Respondent No.1 of the said flat and the Respondent No.1 is to pay the maintenance amount. He states that the Respondent No.1 is staying in the said flat. He states that the Petitioner is ready to execute the Gift Deed, however the Respondent No.1 is not ready to accept the same. He states that the value of the said flat is more than Rs.5 crore.

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3. Learned Counsel appearing for the Petitioner also points out that the Special Leave Petition (“ SLP ”) had been filed in the Supreme Court challenging the said Judgment dated 19^th November 2024 passed in Criminal Writ Petition No.2638 of 2022 on which the Respondent No.1 is relying and the Supreme Court has passed following Order :-

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“Leave granted.

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The operation of impugned judgment and order dated 19.11.2024 passed by the Division Bench of the High Court of Judicature at Bombay in W. P. (Crl.) No.2638 of 2022 and proceedings in C.C. No.1336/PW/2018 pending before the Metropolitan Magistrate, 15^th Court at Sewree, Mumbai, arising out of C.R. No.63 of 2018 shall remain stayed until further order.”

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4. Thus, the Order of the Division Bench on which the Respondent

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No.1 has heavily relied is stayed by the Supreme Court. In view of the same at this stage no case is made out for vacating ad-interim relief granted by Order dated 19^th June 2024 by a learned Single Judge of this Court.

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Page No. 2

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Vaibhav

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43-WP-416-2025.doc

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5. The said Order dated 19^th June 2024 records that the Writ

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Petition be heard finally. Accordingly, stand over to 6^th March 2025 for final hearing.

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[MADHAV J. JAMDAR, J.]