22/09/2017, Mumbai: There’s good news and bad news for Bhagtani Riyo flat-purchasers. First the bad news: Our hearing in Bombay HC did not happen today as the judge -- Justice Revati Mohite Dere -- was absent today and is scheduled to resume only on Monday. So, our matter (anticipatory bail application no. 1533 of 2017 held yesterday evening for extension of pre-arrest bail granted to Dipesh, Mukesh and Lakshman Bhagtani) was rescheduled for hearing on 13th October as per High Court causelist. Advocate Shraddha Dubepatil, who has filed her intervention application on behalf of 75 flat-buyers, will try to have it heard on Tuesday by mentioning the case before the judge on Monday morning.
Now the good news: This unexpected delay may give many other flat-buyers of Riyo to file their intervention application. People who could not include their names in the application which Adv. Shraddha filed this week, can now file their intervention with Adv. Ankur Pahade (Mobile no. 9075537627). (Why not Adv. Shraddha, you may ask. The answer is: One intervention application filed by Adv. Shraddha is already pending, and therefore, she cannot file another.)
So Adv. Ankur Pahade will file the intervention on behalf of the new interveners on Monday, 25th September, and also seek hearing on the very next day i.e. Tuesday.
- The same counsel will be appointed by both these advocates to represent both the intervention applications, old and new, at the hearings. Last time, we were represented by Counsel Shrey Fatarpekar, and probably, he will continue to represent the interveners.
- We cannot include the names of the new interveners in the list submitted to the builder’s lawyer, as Bombay High Court directed him to take the Riyo victims’ names with him as on Monday, 18th Sept. He is likely to reject any names submitted to him after that date as he is strictly not required to accept them, unless our counsel succeeds in convincing the judge to give him fresh directions to accept.
- However (even if the builder’s lawyer doesn’t accept it), the intervention application of the new names will be on record. If asked to explain, our counsel can say that these investors were unaware about the court’s directions issued last Friday or they were out-of-station, etc. and hence they delayed in filing intervention. If relief is granted to the old interveners (i.e. the 75 persons who have already filed their intervention application on Monday), then these new applicants will also have a good chance of getting the same relief under the court’s protection.
- The builder’s lawyer will naturally oppose all intervener applicants, new and old. Our counsel will have to argue on our behalf, to procure justice for all intervener applicants. The outcome will depend on the decision of the judge. We are optimistic because we believe that this is a favourable bench for us.
- Remember, judges don’t necessarily give favourable directions according to our desires and our efforts. Sometimes they give more than anticipated, and sometimes they give less.
- Please consider all the above points, and take an informed decision whether you want to take this second chance to become an intervener.
How to become an intervener:
Below are the things to be hand delivered by the flat allottee (or their Power-Of-Attorney holder) to Adv. Ankur at Office no. 8, Ground Floor, Raj Mahal Building, Near Ambassador Hotel, Veer Nariman Road, Churchgate.
- · Allotment Letter
- · Cancellation Deed if any
- · Details of payments made / claim amount i.e amount paid plus interest.
- · Details of booking amount and subsequent installments paid if any.
- · Cheque/cash Rs 5,000/- towards legal expenses
You will have to sign on the following documents at the office:
- · Vakalatnama
- · Intervention Application
The above actions MUST be carried out before 6 pm Sunday 24th September i.e. next two days, so that the intervention application can be filed on Monday and we can request hearing on Tuesday.
The mobile nos. of Adv. Ankur Pahade are 9075537627 and 9657071710.
In case of any difficulties, Riyo investors may also contact Adv. Shraddha Dubepatil on 9920187873.
All the best!
ISSUED IN PUBLIC INTEREST BY