MOHID CONSTRUCTION CO. Vs. SHARAYU DEVELOPERS PVT LTD

JUDGEMENT

(1.) Mr Ramesh Gowani and his son Mr Rishabh Gowani are present in Court. Their passports are tendered in view of what I noticed after the last order. I made an order in urgency on Friday, 1st October 2021. I was told that an office at Tardeo AC market was the ownership premises of the 3rd Defendant, Ramesh Gowani. In open Court, while Mr Rishabh Gowani was present in Court and Mr Ramesh Gowani was present online, I directed the Court Receiver to take possession of the records and computers pertaining to Sharayu Developers Pvt Ltd at the Tardeo office. I dictated that part of the order by about 12.30 pm. It was transcribed shortly thereafter. I was then told that outside Court, Mr Rishabh Gowani informed the Court Receiver that there was nothing of Sharayu Developers Pvt Ltd at the Tardeo office but everything was at another office at Kamala City. By the time I incorporated that change and released the order, it would have been shortly past 2.30 pm on 1st October 2021.

(2.) The Court Receiver then reports that CCTV footage at the Tardeo site indicates that after I dictated my order in open Court, goods, materials and records were removed from the Tardeo office. The Kamala City office was found to be a canteen. There was a table on which there were some boxes and this was supposed to be the functioning office of Sharayu Developers Pvt Ltd. Mr Ramesh Gowani in Court instructs his Advocate to say that he did not remove any materials. He says he told his 'tenant ' at the Tardeo premises that the Receiver was coming and that the tenant then hired a tempo and emptied the office.

(3.) No one ever mentioned any tenant. It is inconceivable that Ramesh Gowani owns an office, allows its use as a registered office of Sharayu Developers Pvt Ltd, and then says there is a tenant in possession. The story is an outrageous falsehood and this is also evident from the fact that the tenant had no cause to remove the material because my order was directed only and only to the records of Sharayu Developers Pvt Ltd.