LAWS(BOM)-2023-12-81

MADHU DEEPAK GOGRI Vs. STATE OF MAHARASHTRA

Decided On December 15, 2023
Madhu Deepak Gogri Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal is preferred by the owners of the property, as their property is attached pursuant to the orders passed by the learned Special Judge, designated under The Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 ('MPID' Act), making the show cause notice of attachment absolute by exercising powers under Sec. 8 of the MPID Act.

(2.) The appellants are the owners of the property in question, i.e. Shop Nos. 1 and 2 in the building known as Prem Bhanu Apartment, IC Colony, Borivali (West) ('said shops'). FIR came to be registered on 15/2/2000 against M/s Technology Connection and M/s. Techcons Shelterettes Ltd. The allegation was that one Mr Joseph Dennis Vaz, his wife and his son were running the said alleged financial establishments. The case of the prosecution is that there was a scheme of recruiting candidates to the Gulf countries, but later on, the accused set up a scheme for giving homes to the aged and homeless senior citizens. The appellants are not arraigned as accused in the case. During the investigation, the police sealed the said shops and took possession of them as per directions of the designated court, on the ground that the accused was in possession of the said shops pursuant to a leave and licence agreement executed by the owner.

(3.) The appellants' case is that the said shops were initially standing in the name of M/s. Deepak Constructions, which was a partnership firm. Subsequently, the partnership firm was dissolved and said shops were handed over to Deepak Gogri ("original owner"), the partner of the said partnership firm. The present appellants are brought on record of the appeal as the heirs and legal representatives of the said Deepak Gogri after his demise pending the appeal. The said shops were given on leave and licence basis to the accused by executing an agreement for leave and licence on 26/6/1991, which was renewed up to the year 1999. Since there was default in payment of rent, possession of the said shops was taken over by the owner in March 2000.