Bombay High Court
Adarsh Water Parks And Resorts Pvt Ltd vs Abdul Rashid Abdul Rehman Yusuf ... on 14 December, 2018
Author: G.S. Patel
Bench: G.S. Patel
915-NMS2233-18.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 2233 OF 2018
IN
SUIT NO. 396 OF 2006
WITH
NOTICE OF MOTION NO. 1983 OF 2018
Adarsh Water Parks & Resorts Pvt Ltd ...Plaintif
Versus
Faruq Abdul Rehman Yusuf ...Defendant
And
Idris Khan Anr ...Respondents
Mr Zal Andhyarujina, with Aurup Dasgupta, i/b Jitendra J Shah, for the Defendant No. 2/Applicant.
Mr Vinod Z Shah, Director of Adarsh Water Parks & Resorts Pvt Ltd.
CORAM: G.S. PATEL, J
DATED: 14th December 2018
PC:-
1. Having heard Mr Andhyarujina briefly for the 2nd Defendant I believe I will have to make an order today especially in light of what has transpired. The Plaintif is suddenly unrepresented. On previous occasions, including as recently as 13th August 2018, the Plaintif was extremely well represented. The dispute pertains a to very large portion of land in North East Mumbai. It actually pertains to the Page 1 of 4 14th December 2018 ::: Uploaded on - 14/12/2018 ::: Downloaded on - 27/12/2018 07:39:28 ::: 915-NMS2233-18.DOC entire village of Kanjur. After hearing both sides briefly at the stage of marking documents, and having regard to very serious allegations being made about forgery and fabrication of title documents, I passed an order on 13th August 2018 retaining these in the custody of the Prothonotary and Senior Master. Mr Andhyarujina points out that since then the 2nd Defendant has gained a greater understanding of the true extent of the forgery, fabrication, manipulation of documents.
2. I find to my considerable surprise that the Plaintif is no longer represented by any advocates at all. One Vinod Zaverchand Shah claims to be a director. He is present in Court. He says that the advocates returned papers a few days ago and seeks time to engage new representation.
3. I will allow the Plaintif time to engage Advocates. The Prothonotary and Senior Master is not to part with the documents and compilations in his custody until the next date and further orders of the Court.
4. There remains the question of what is to be done in regard to a status quo of 2nd March 2006. Prayer (b) of the 2nd Defendant's Notice of Motion No. 2233 of 2018 seeks that this order of 2nd March 2006 read with the order of 19th June 2008 be recalled and set aside. According to the 2nd Defendant, the Plaintif continues to transact with portions of this property despite the status quo order and without having any right to do so.
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5. Having regard to the current situation and especially since the Plaintif now contends that it is helpless for want of legal representation, I will have to make an order directing that no portion of the suit lands are to be transacted by any party until the next date. Specifically all third parties are put to notice that they are not to transact any documents where the Plaintif is shown as the Vendor. The Plaintif simply cannot have it both ways where it seeks time for legal representation in Court and yet purports to enter into transactions outside. The Collector MSD, Tahashildar, Talathi and the Superintendent of Land Records are directed not to take on record any documents purporting to transfer any of the suit properties where the documents name any of the to the Suit. The authorities will also not permit to any transactions to be efected by any of the directors or the family members of the directors of the Plaintif-company, Adarsh Water Parks & Resorts Pvt Ltd. No mutations in Revenue Records are to be efected until the next date. The properties in question are listed in Exhibit "A" to the Plaint. A soft copy of this schedule listing the Survey and CTS numbers involved in the suit is available with the Court Associate on request by any of the Government authorities should that be required. A PDF has been given to him on a pendrive. To make it abundantly clear all further transfers in respect of any of these properties involving the Plaintif are restrained until further orders. The Defendants are already under a restraint order and that will continue.
6. I am making it clear that transactions by any third parties not involving Adarsh Water Parks & Resorts Pvt Ltd or its directors or any of the Defendants will remain unafected by this order.
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7. List the Notice of Motion for hearing on 10th January 2019.
8. No documents relating to the suit lands are to be signed by Mr Idris Khan, Mr Dinesh Z Shah or Mr Vinod Zaverchand Shah in any capacity whatsoever without an order of this Court. On the next date all three will remain personally present in Court.
9. It is open to the 2nd Defendant to issue a public notice at its own costs summarising this order.
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