Ramnath Maruti Garje v. M/S. Iraisaa Developers Pvt. Ltd. And ORS

wp-2195-17(909)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2195 OF 2017 Mr. Ramnath Maruti Garje ..Petitioner Vs.

M/s Iraisa Developers Pvt Ltd & Ors ..Respondents Mr. Kishor Patil a/w Mr. Abhijit Patil for the Petitioner Mr. Shine K. M. for the Respondent Nos.1 to 3 Mr. K. V. Saste Addl PP for the Respondent State CORAM :R. M. SAVANT, & REVATI MOHITE DERE,JJ DATE : 12th JUNE, 2018 P.C.

It seems that pursuant to the complaints made by the Petitioner, the Economic Offence Wing (EOW) Sector-I, Navi Mumbai, is conducting an inquiry into the complaints of the Petitioner. However, the said inquiry as informed by the Assistant Inspector of Police, EOW Sector-1, Navi Mumbai, by his letter dated 10-5-2018, is awaiting orders in the above Petition. The Learned Counsel appearing for the Respondent Nos.1 to 3 states that the amount paid by the Petitioner has already been refunded to the Petitioner. However the Learned Counsel appearing for the Petitioner states that the Respondent Nos.1 to 3 are obligated to pay interest in terms of the provisions of the MOFA.

mmj

wp-2195-17(909) We do not deem it appropriate to delve into the said aspects in the above Writ Petition. If an inquiry is pending before the EOW, Crime Branch, Navi Mumbai, the concerned officer may take it to its logical conclusion and inform the Petitioner of his decision. In the said inquiry the Respondent Nos.1 to 3 are at liberty to produce such material as is in their possession, which the inquiry officer would take into consideration before arriving at a decision. With the directions as aforesaid the Writ Petition is disposed of. [REVATI MOHITE DERE, J] [R.M.SAVANT, J] mmj