Updated on: Thursday, January 06, 2022, 11:10 PM IST

FPJ Legal: HC stays its earlier order of taking forcible possession and sealing of flats in orbit Venture’s project for a week

Bombay HC | Photo: Representative Image

Bombay HC | Photo: Representative Image


Following a plea by Orbit Venture Developers, the Bombay High Court has partially stayed its January 3 order, directing court receiver to take vacant possession of all the flats in a Complex being developed by it in western suburb and seal the same for one week.

On January 3, a division bench of justices SJ Kathawalla and Milind Jadhav had restrained developer Orbit Ventures from creating third part rights in respect of their personal properties in a matter related to their default in payments to Axis Finance.

The HC has also directed the court receiver to take “forcible possession” of all the flats in a Complex and seal the same. The Deputy Commissioner of Police, Zone-IX Manjunath Singe was directed to extend protection/assistance to the court receiver in sealing the flats and taking possession of the same in order to maintain law and order in the complex.

However, Orbit Ventures moved an application before the HC seeking a stay on the earlier order with regard to taking vacant possession of the flats and seal the same.

Orbit’s lawyers – counsel DD Madon and advocate Dipesh Siroya – argued that the developer has taken all steps to obtain occupation certificate and is expecting the same to be granted shortly. Further, the counsel contended that developers are trying to resolve the dispute between them and Axis Finance.

Developers’ chartered account was present before the court through video conferencing and undertook to render all assistance to the court receiver.

The HC has accordingly partially stayed its order till January 12.

“However, the other directions recorded in the order dated 03.01.2022 shall be complied with by the Developers and all concerned,” noted HC.

The HC had also directed Rajen Dhruv and Hiren Dhruv (developers) to file a detailed affidavit setting out all their assets including the Companies and partnerships in which they are shareholders/partners.

The HC has clarified that this affidavit has to be filed by January 10.

The January 3 order was passed while hearing a plea filed by Axis Financial for recovery of money in excess of Rs 100 crore from Orbit Ventures Developers and others.

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Published on: Thursday, January 06, 2022, 11:10 PM IST