PARBAT RAMJI PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants apprehend their arrest in C.R.No.1048/2022 initially registered with Goregaon Police Station and presently investigated by EOW-Housing, Unit I numbered as FIR No.153/2022 for offences punishable under Sec. 409, 420 r/w. 34 of the Indian Penal Code .

(2.) By order dtd. 13/03/2023, this Court had observed that the first informant had entered into Joint Venture Agreement with the co- accused on 18/03/2011 in respect of the development of the property. The first informant had alleged that he invested an amount of Rs.7.00Crores. The first informant had subsequently terminated the agreement. The Society too had cancelled the agreement of the co- accused vide Deed of Cancellation dtd. 15/06/2018 and had appointed the Applicants herein as Developers.

(3.) This Court had taken note of the fact that there was no privity of contract between the first informant and the Applicants herein. This Court had also taken note that the Commercial Suit (L) No.2774 of 2021 was filed by Marvin Construction of which the co-accused (A1) is a partner, against the Applicants and the Society to restrain them from acting upon Deed of Cancellation. The Applicant No.1 who is the Defendant No.4 in the suit has made a statement to keep aside 7500 sq.ft area out in his affidavit.