DIWAKAR Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) The present petition is filed inter alia to challenge the order dated 11.7.2019 passed by the Hon'ble Additional Sessions Judge, presiding in Court No. 30, in the Court of Sessions for Greater Mumbai, at Mumbai by which the learned Sessions Court after hearing the Misc. Application for staying the order dated 5.4.2019 which was impugned before it for revision, on the point of jurisdiction alone, dismissed the entire Revision Application filed by the petitioner.

(2.) It is the case of the petitioners that, Respondent ?Bank and Respondent Nos. 3 and 4, borrowers without the knowledge of the petitioner seems to have mortgaged the property of the petitioner for the purpose of securing the loan that the Respondent Bank had disbursed to Respondent No. 3 and 4 and in furtherance of the same, certain officers of Respondent Bank as well as the borrower entered into some kind of understanding to use the documents pertaining to the property of the petitioner without the knowledge of the petitioner for the purpose of disbursing loan.

(3.) It is further the case of the petitioner that, an exparte order has been obtained by the Respondent Bank from the learned CMM against the petitioner's property. The petitioner was not aware at all about the said proceedings. The petitioner learnt of the same only when the Respondent Bank came with the police and dispossessed the petitioner from the petitioner's property. It is further the case of the petitioner that, perusal of order dated 18.12.2017 passed by the said Court would make it crystal clear that, there is no direction or order to the petitioners and her son. Therefore, there is no question of breach of any direction contained in the order dated 18.12.2017. Therefore, no contempt would lie against the petitioner and therefore, learned CMM had no jurisdiction to entertain the contempt petition.