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Mumbai: Bombay High Court issues show cause notice against two directors for civil contempt of court Ourseeker Realty builder for willful disobedience of his order in a petition filed by a flat buyer of the posh 42-storey under-construction skyscraper Mahim,
The buyer first initiated a legal battle before the Maharashtra Real Estate Regulatory Authority (Maharera) for compensation on delay in possession of the flat.
Mumbai City Collector Rajeev NivatkarThe HC had in April found prima facie that he had willfully disobeyed its order, but last week tendered an unconditional apology for his “inadvertent mistake”. Additional public prosecutor Jyoti Chavan, representing the collector, said she has “purged” the contempt. He filed his affidavit before a bench of Justices KR Sriram and FP Pooniwala, stating that he had attached two flats in the building in 2021, but CK Singh, representative of the builder, sold it to Vikram Chaturvedi and Priyanka Chaturvedi for over Rs 6 crore. Sold and received in 69 lakhs as down payment.
The Collector said that an FIR was lodged against Avarsekar Realty and its management on May 11 for disobeying the orders of a public servant.
MahaRERA had earlier directed the builder to pay 10% interest on the Rs 2.5 crore paid so far to the flat buyers, solicitor Ashok Paranjpe and his wife, due to delay in possession. The collector has now issued a fresh notice for auction of a flat on July 17 to help raise funds for the interest payment. Singh’s lawyer Madhur Rai said he would have to take instructions.
Chavan also submitted that the Chaturvendis have been informed by the Collector about the attachment status of the flat and thus at no stage can it be said that they were the actual purchasers.
Awarsekar’s counsel Sanjay Chowdhary said the builder’s reply has been filed. The HC asked them to file and provide copies of the “filed annual return, profit-loss account and balance sheet for the last five assessment years commencing from 2018-19” by July 13, when the matter will come up for further hearing.
In April, the HC had issued a show-cause notice for contempt against the authorized representative of the builder for disobeying its order. The High Court had in March stayed the sale of unsold flats in the tower. The order was on a contempt petition filed by Paranjpe.
On June 15, Ashish Kamat, senior advocate for one of the directors, who was not issued notice, submitted in the HC an extract of the company’s master data showing that Avarsekar Realty has three directors. On April 24, the previous counsel for the builder informed the HC that there was only one director. The High Court has sought an affidavit from him in two weeks to tell on whose instructions he had given this statement. Simil Purohit, counsel for the buyers, sought time to consider the replies.
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