MOHID CONSTRUCTION COMPANY Vs. SHARAYU DEVELOPERS PVT LTD

JUDGEMENT

(1.) Mr Ramesh Gowani is present online. I am told that he is unable to attend physically because he has recently been discharged from the hospital. Had he not been online either, I would have issued contempt against him.

(2.) This matter takes ever-more bizarre terms at every stage. Ramesh Gowani has now filed an Affidavit dated 29th September 2021. He says that he is not the director of Defendant No. 1, Sharayu Developers Pvt Ltd. He is not a shareholder. But he is a shareholder in two entities, City Studios Pvt Ltd and Dhanraj Estate Pvt Ltd, which are themselves shareholders in Sharayu Developers. He says he is not managing the day-to-day affairs of Sharayu Developers or Hiranath Holdings Pvt Ltd (Defendant No. 2) or the AOP that is Defendant No. 3. He then says he has limited knowledge and then says that he has learnt of various facts. From whom, how and when, he does not say.

(3.) Mr Sancheti for the Plaintiff shows me an extract taken from the online records of Sharayu Developers. This document is signed in Devanagari by one Kondiba Hiwale, ostensibly as a director. He has resigned, but before he did so he purported to affirm an affidavit although that affidavit was in the name of one Maruti Desai. On the last occasion. I found that Maruti Desai was a Construction Supervisor who knew nothing at all about the affairs of the 1st Defendant. He had in fact resigned as a director and yet, as a director, was made to sign an affidavit on behalf of the 1st Defendant. I did not accept that affidavit. Maruti Desai was personally present in Court. I prohibited him from filing any more affidavits at the instance of Defendants Nos. 1 to 3. I imagine I will now have to do the same with Kondiba.