ROHAN J. MURUDKAR Vs. VIGNESHWAR CHSL

JUDGEMENT

(1.) Mr Chitnis reports that the police were unable to execute my order of 5th October 2021 issuing a bailable warrant against Mr Dilip A Dhruv, the partner of the 2nd Defendant. He is not traced either in Mumbai or Surat. He is not present in Court either.

(2.) Issue a non-bailable warrant against Dilip Dhruv residing at Shubhangan, 1st floor, Sawastik Society, NS Road No.2, JVPD Scheme, Lane Opp Bhaidas Sabhagruha, Vile Parle (West), Mumbai 400 056 returnable in Court on 30th November 2021. The police authorities are to ascertain from those in residence at this address where Mr Dhruv 's whereabouts are outside Mumbai if necessary. This warrant will be executed against Mr Dhruv wherever he may be.

(3.) The Plaintiff cannot be disadvantaged by the Defendant constantly staying away. The Suit is for specific performance of a Permanent Alternate Accommodation Agreement dated 15th February 2011 by which the Plaintiff was assured allotment of Flat No. 202, 2nd floor, Shri Vigneshwar CHSL, Final Plot Nos. 90 and 91, TPS II, Survey No. 73, CTS Nos. 385, 385/1 to 5, Village Vile Parle (East), Taluka Andheri, District Mumbai Suburban. The flat is said to be of 603 sq ft carpet area.