Bombay High Court
Dilip Arjun Gawand vs Paras Sunderji Dedhia And Anr on 21 December, 2021
Author: R.I. Chagla
Bench: R.I. Chagla
JITENDRA Digitally signed by
JITENDRA SHANKAR
SHANKAR NIJASURE
Date: 2021.12.23
NIJASURE 16:30:27 +0530
26-conp-106-2019.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO.106 OF 2019
IN
SUIT NO.440 OF 2018
Surekha Dilip Gawand & Anr. ...Petitioners
In the matter between
Dilip Arjun Gawand ... Deceased
Versus
Paras Sundarji Dedhia & Anr. ...Contemnors
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Mr. Aseem Naphade i/b. Mehul Rathod for the Petitioners.
Mr. Vishal Pattabiramen i/b. Mayur Bhatt for Respondents /
Contemnors.
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CORAM : R.I. CHAGLA J
DATE : 21ST DECEMBER 2021
ORDER :
1. Heard learned Counsel for parties.
2. By this Contempt Petition, the Petitioners have sought initiation of contempt proceedings against the Respondents for contempt and breach of undertaking given to this Court under Consent Terms dated 16th April, 2018. 1/4
26-conp-106-2019.doc
3. It is stated by the learned Counsel for the Petitioners that as per the Consent Terms dated 16th April, 2018, the Respondents had undertaken to give two fats 701 and 702 each admeasuring 805 sq. ft area to the Petitioner in the ground plus 16 storey building on the peace and parcel of land bearing CTS No.437, 437/1 to 16 of village Deonar, Taluka Kurla District Mumbai Suburban, Sion Trombay, Mumbai 400
088. This has been set out in clauses 9, 12 to 15 of the Consent Terms.
4. It is the case of the Petitioners that when the Petitioners visited the subject Flat No.701 and 702 on 21st November, 2018, the Petitioners were shocked to fnd Notice from PNB Housing Finance pasted on the door of Flat Nos.701 and 702. The notices mentioned that these fats were mortgaged by one Santosh Pote, Changdeo Kadam / Ozone Infra Project to PNB Housing Finance and consequently the PNB Housing Finance Ltd. have attached the said Flat Nos.701 and 702 under SARFAESI Act.
5. The learned Counsel for the Petitioners has tendered additional Affdavit of the Petitioners dated 14th 2/4 26-conp-106-2019.doc October, 2021 which is taken on record. In the said additional Affdavit it is further stated that upon online search for subject fat 701 as well as subject fat 702, the Petitioners have learnt that the Respondents / Contemnors have sold subject fats No.701 to one Sameer Khan on 26th August, 2016 vide registered sale agreement bearing Serial No.8963 of 2016 registered before the Sub-Registrar Kurla 1, Mumbai and thereafter sold the subject fat No.701 to M/s. Ozone Infra Projects (whose partners were Mr. Santosh R. Pote, Mr. Chandev G. Kadam and Mr. Shashikant R. Shinde) on 3rd March, 2017 vide registered sale agreement bearing serial no.1875 of 2017 registered before the Joint Sub-Registrar, Kurla - 1, Mumbai. Likewise, the subject fat No.702 has been sold to Mr. Sameer Khan on 26th August, 2016 vide registered sale agreement bearing serial no.8964 of 2016 registered before the Joint Sub Registrar, Kurla - I, Mumbai and thereafter the subject fat No.702 has been sold to Mr. Ozone Infra Projects (whose partners were Mr. Santosh R. Pote, Mr. Chandev G. Kadam and Mr. Shashikant R. Shinde) on 3rd March, 2017 vide registered sale agreement bearing serial no.1876 of 2017 registered before the Joint Sub Registrar, Kurla 1, Mumbai.
3/4
26-conp-106-2019.doc
6. In view of these facts which have been averred to in the additional Affdavit of the Petitioners, the Respondents are directed to fle Affdavit in Reply dealing with these facts as the contentions of the Petitioners that, the subject fats having been sold prior to Consent Terms dated 16th April, 2018, they were not available for being given to the Petitioners contrary to the undertakings of the Respondents recorded in Consent Terms dated 16th April, 2018.
7. The Respondents shall fle the Affdavit in Reply on or before 10th January, 2022. The Petitioners are at liberty to fle Affdavit in Rejoinder thereto within a period of one week thereafter i.e. on or before 17th January, 2022.
8. Place the Contempt Petition on 25th January, 2022.
[R.I. CHAGLA J.] 4/4