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9. On 2nd December, 2021 the Advocate for Respondent No.4 informed the Court that the Partners of Respondent No.4, namely Shri Ashok Ram Pandey and Shri Raju Sulire are absconding and are not in touch with him and all attempts made by him to contact them have failed. In view thereof, this Court directed the Registry to issue non-bailable warrants against Shri Ashok Ram Pandey and Shri Raju Sulire and made the same returnable on 6th December, 2021 at 10.30 p.m.

10. On 10th December, 2021 the Court was informed that since there was some technical error in the Order, the non-bailable warrants could not be executed. In view thereof, the Registry was directed to issue fresh non-bailable warrants of arrest against Shri Ashok Ram Pandey and Shri Raju Sulire, made returnable on 20 th December, 2021.

11. On 20th December, 2021 Shri Ashok Ram Pandey and Shri Raju Sulire were not produced before the Court. Again on 5 th January, 2022 the Court was informed that the police is unable to trace the whereabouts of Shri Ashok Ram Pandey and Shri Raju Sulire. In view thereof, on 5th January, 2022 this Court passed the following Order :

"1. Shri Ashok Ram Pandey and Shri Raju Sulire, partners of Respondent No.4 - Om Mandar Realtors were appearing before this Court upto 26th November, 2021. After this Court directed them to comply with certain directions, Shri Ashok Ram Pandey and Shri Raju Sulire stopped appearing before the Court despite specific orders. This Court by its Order ssp 7 / 13 M-CP-380-2021-final.odt dated 2nd December, 2021 was therefore, constrained to issue non-bailable warrants against Shri Pandey and Shri Sulire. Despite more than four weeks having passed, the concerned Police Authorities inform the Court that they are unable to execute the said non-bailable warrants. Since both the individuals are having their respective families at Mumbai and Goa, the Police authorities cannot be heard to say that they are unable to execute the warrants even after more than a month having elapsed. In view thereof, the returnable date of the non-bailable warrants is extended upto 18 th January, 2022. A copy of this order shall be forthwith forwarded by the Registrar ( Judicial I) of this Court to the Commissioner of Police, Vasai Virar Mira Bhayander for immediate action. If the said non-bailable warrants are not executed, despite this Order, the Court shall be constrained to seek assistance of the Home Ministry in this regard. Stand over to 18 th January, 2022."

12. On 18th January, 2022 when the matter was called out before us, we were once again informed by the Learned AGP that the police authorities have not been able to execute the non-bailable warrants since they have not been able to trace either Shri Ashok Ram Pandey and/or Shri Raju Sulire. This Court therefore, directed Shri Sadanand Date, Commissioner of Police, Mira Bhayandar and Vasai Virar to appear before this Court through video conferencing. The presence of Shri Date was sought by the Court, because the Court was unable to accept that despite Shri Ashok Ram Pandey and Shri Raju Sulire having their respective family members residing in Mumbai, the police authorities have been unsuccessful in tracing them and executing the non-bailable warrants issued against them since the last almost two months.