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Bombay High CourtWP/3214/2017disposed off

Romell Housing Llp And ANR v. The State Of Maharashtra And ORS

2023-10-23Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak3 pages

2023:BHC-AS:32888-DB CAJ 42-Wp-3214-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3214 OF 2017 Romell Housing LLP And Anr.

... Petitioners V/s.

The State Of Maharashtra And Ors.

... Respondents WITH INTERIM APPLICATION NO. 1712 OF 2019 Rajesh Virendra Tiwari And Ors.

... Applicants V/s.

The State Of Maharashtra And Ors.

... Respondents WITH INTERIM APPLICATION NO. 2194 OF 2022 Romell Housing LLP ... Applicant V/s.

The State Of Maharashtra And Ors.

... Respondents WITH INTERIM APPLICATION NO. 1720 OF 2019 Asad Salim Shakh ... Applicant V/s.

Romell Housing LLP ... Respondents Mr. Firoz Barucha a/w Mr. Sushant Arora a/w Ms. Ankita Karmokar i/b L R & Associates for Applicant in IA/1712/2019.

Mr. G. S. Godbole, Senior Advocate i/b Mr. Drupad S. Patil for Petitioners and for Applicant in IA/2194/2022 & 1720/2019. Mr. Rohan Sawant i/b Mr. Laxman Jain for Respondent Nos.9 & 11. Ms. Mahalakshmi Ganpathy, APP for Respondent-State. Mr. Sandesh Patil a/w Mr. Chintan Shah for Respondent-CBI. Mr. S. K. Dhekale, Court Receiver, High Court, Mumbai is present. 1/3

CAJ 42-Wp-3214-2017.doc CORAM : A.S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 23rd OCTOBER, 2023.

P.C. :

1.

Learned APP on instructions from Additional Chief Secretary, Home Department, Government of Maharashtra submitted that, in furtherance of Order dated 14th December, 2018, the inquiry against Respondent Nos. 5 to 8 and other concerned police officers will be concluded within a period of five months. The said statement is accepted. 2.

As far as prayer clause (b) is concerned, record indicates that, Petitioners, Respondents and other interested parties herein have already initiated various litigations before various forums and the said matters are subjudice.

The Court Receiver has submitted its report dated 21st October, 2023. It is stated that, by an Order dated 12th April, 2023 passed in Criminal Revision Application (ST) No. 6141 of 2023, learned Single Judge of this Court has directed that, the Court Receiver to remain in possession of the said suit property.

3.

As noted earlier, as the parties herein and other parties have already approached various forums agitating their rights in the suit property, we deem it appropriate to relegate all those concerned before the appropriate forum to agitate and establish their rights. 2/3

CAJ 42-Wp-3214-2017.doc 4.

In view of the above, nothing further survives in the present Petition. Petition is accordingly disposed off. 5.

In view of disposal of Petition, Interim Application Nos.1712 of 2019, 2194 of 2022, 1720 of 2019 do not survive and are also disposed off. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) 3/3