Bombay High Court
Sandeep Shyamsundar Vyas vs Sharayu Developers Private Limited on 1 October, 2021
Author: G.S. Patel
Bench: G.S. Patel
910-IAL-14875-2021 WITH S-1067-2016 WITH NMS-644-2017 IN S-1067-2016 WITH IA-
661-2020 IN S-1067-2016 WITH S-331-2017 WITH NMS-892-2017 IN S-331-2017 WITH
IA-659-2020 IN S-331-2017 WITH S-330-2017+.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 14875 OF 2021
IN
SUIT (L) NO. 14865 OF 2021
Mohid Construction Company ...Plaintiffs
Versus
Sharayu Developers Pvt Ltd & Ors ...Defendants
WITH
SUIT NO. 1067 OF 2016
Sarita Shyamsunder Vyas ...Plaintiffs
Versus
Sharayu Developers Pvt Ltd ...Defendants
WITH
NOTICE OF MOTION NO. 644 OF 2017
IN
SUIT NO. 1067 OF 2016
WITH
INTERIM APPLICATION NO. 661 OF 2020
IN
SUIT NO. 1067 OF 2016
Sarita Shyamsunder Vyas ...Plaintiffs
Versus
ARUN
RAMCHNDRA
SANKPAL
Sharayu Developers Pvt Ltd ...Defendants
Digitally signed by
ARUN RAMCHNDRA
SANKPAL WITH
Date: 2021.10.01
SUIT NO. 331 OF 2017
13:43:28 +0530
Page 1 of 5
1st October 2021
910-IAL-14875-2021 WITH S-1067-2016 WITH NMS-644-2017 IN S-1067-2016 WITH IA-
661-2020 IN S-1067-2016 WITH S-331-2017 WITH NMS-892-2017 IN S-331-2017 WITH
IA-659-2020 IN S-331-2017 WITH S-330-2017+.DOC
WITH
NOTICE OF MOTION NO. 892 OF 2017
IN
SUIT NO. 331 OF 2017
WITH
INTERIM APPLICATION NO. 659 OF 2020
IN
SUIT NO. 331 OF 2017
Sanjeev Shyamsunder Vyas ...Plaintiffs
Versus
Sharayu Developers Pvt Ltd ...Defendants
WITH
SUIT NO. 330 OF 2017
WITH
NOTICE OF MOTION NO. 885 OF 2017
IN
SUIT NO. 330 OF 2017
WITH
INTERIM APPLICATION NO. 660 OF 2020
IN
SUIT NO. 330 OF 2017
Sandeep Shyamsunder Vyas ...Plaintiffs
Versus
Sharayu Developers Pvt Ltd ...Defendants
Mr Pradeep Sancheti,Senior Advocate, with Aditya Mehta,
Manisha Virkhare, Sachin Mahagavkar, Darshit Shah &
Shraddha Ambre, i/b Divya Shah Associates, for the Plaintiff.
Ms Kajal D Singh, for Defendant No. 1.
Mr Vijaykumar D Gahalot, for Defendant No. 3.
Mr Siddhesh S Mandare, is present.
Mr Sandip A Gardi, is present.
Mr Kondiba Ravji Hiwale, is present.
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1st October 2021
910-IAL-14875-2021 WITH S-1067-2016 WITH NMS-644-2017 IN S-1067-2016 WITH IA-
661-2020 IN S-1067-2016 WITH S-331-2017 WITH NMS-892-2017 IN S-331-2017 WITH
IA-659-2020 IN S-331-2017 WITH S-330-2017+.DOC
Mr Kantilal G Gowani, is present.
Mr Rishabh R Gowani,is present.
Ms Sohini Ramesh Gowani, is present.
Mr DN Kher, Court Receiver is present.
CORAM: G.S. PATEL, J
DATED: 1st October 2021
PC:-
1.The Court Receiver will proceed at once with intimation to the Tardeo Police Station to take possession of the 1st Defendant's registered at 2, 2nd Floor, 7312 at Tardeo Air Conditioned Market, Pandit Madan Mohan Malvia Marg, Tardeo, Mumbai 400034. This possession is symbolic for now, but the Court Receiver will immediately search those premises and take into his custody removing from that office all documents, papers, files and records relating to Sharayu Developers Pvt Ltd. All computers are to be unplugged and disconnected from the internet and sealed. They are not to be restarted until a further order of the Court. There will need to be a forensic and supervised audit of the contents of those computers and systems. This will include all networked computers, laptops, tablets, etc. The Court Receiver will place his board outside the premises but will not evict any person from those premises.
2. Mr Ramesh Gowani is restrained from entering the premises until further orders of this Court. Mr Rishabh Gowani says that there is no other officer of Sharayu Developers and that there is no other office of Sharayu Developers. The Court Receiver will in the facts of this case be accompanied by Siddhesh and Sandip. Mr Page 3 of 5 1st October 2021 910-IAL-14875-2021 WITH S-1067-2016 WITH NMS-644-2017 IN S-1067-2016 WITH IA- 661-2020 IN S-1067-2016 WITH S-331-2017 WITH NMS-892-2017 IN S-331-2017 WITH IA-659-2020 IN S-331-2017 WITH S-330-2017+.DOC Ramesh Gowani will not interfere with the work of the Court Receiver and will not attempt to communicate with Siddhesh, Sandip or Kondiba. The Court Receiver will act at once. For this purpose, I am releasing the operative portion of this order immediately. This can be shown to the security personnel on site at Tardeo Air Conditioned market building to the Manager of that building and to the police of the Tardeo Police Station- Representatives of the Plaintiff and of the flat purchasers' Advocate are permitted to accompany the Court Receiver to site. I will expect a Report of the Court Receiver by Wednesday, 6th October 2021.
3. Liberty to the Plaintiffs and to the flat purchasers to place a copy of this order before any police or investigative authority before whom they have launched or proposed to launch any proceedings against Sharayu Developers.
4. The computers in question will be sealed in the office premises.
5. The physical records of Sharayu Developers will be transported in sealed condition preferably in cartons to the office of the Advocates for the Plaintiffs. They will be retained intact and will not be handled. By Wednesday, the Plaintiffs will make alternate arrangements initially at their cost but recoverable at any later stage in the proceedings for storage.
6. I presently do not have any details of the bank accounts of Sharayu Developers. But Sharayu Developers is restrained with Page 4 of 5 1st October 2021 910-IAL-14875-2021 WITH S-1067-2016 WITH NMS-644-2017 IN S-1067-2016 WITH IA- 661-2020 IN S-1067-2016 WITH S-331-2017 WITH NMS-892-2017 IN S-331-2017 WITH IA-659-2020 IN S-331-2017 WITH S-330-2017+.DOC immediate effect from effecting any transactions whatsoever in any of its bank accounts, holdings, investments or other assets. If there is payment required to be made to tax, direct or indirect or any other statutory body, Sharayu Developers (not Ramesh Gowani) must make an application to Court.
7. After this order was passed and transcript corrected, I am told that outside Court Mr Rishabh Gowani informed the Court Receiver that there is in fact nothing at the Tardeo Air Conditioned Market premises. Sharayu Developers has shifted to another office occupying Second Floor of Kamla House, Kamla City at Senapati Bapat Marg, Mumbai 400 014.
8. The Court Receiver will search both premises and will seize the records from wherever they are including any other location that might be disclosed or found in execution of this order.
9. All concerned will act on production of a digitally signed copy of this order.
(G. S. PATEL, J) Page 5 of 5 1st October 2021