Bombay HC Order is a "bouncer" for Bhagtani home-buyers
Mumbai, 8th December, 2017: Bombay High Court has bowled another bouncer at the home buyers of Bhagtani Riyo -- another surprise in a series of surprises. The written order that was uploaded on the High Court website on 5th December, 2017, says something very different from what the judge said in open court on 30th November. Justice Anuja Prabhudesai's pronouncements in open court were accurately reported in Mumbai Mirror as a COMPLETE RELIEF TO ROUGHLY 1500 HOME-BUYERS of Bhagtani Riyo (Mira Road) and Serenity (Powai). The proceedings were hailed as a pro-people order by all the advocates and intervenors who were present. In contrast, the uploaded order only gives directions FOR PARTIAL RELIEF TO ABOUT 300 INTERVENORS AND COMPLAINANTS.
Throughout the week, about 1500 home-buyers of Bhagtani have been extremely happy because they believe that Bombay High Court has at long last given a no-nonsense order! It appears that nobody has actually read the order, because the mood of optimism is still prevalent in all the Whatsapp groups of Bhagtani victims. Upon a careful reading of the order, the optimism may not be justified!
INTERPRETATION OF WHAT THE ORDER SAYS:
1) Bhagtani had earlier undertaken to deposit Rs 22 crore in six monthly installments with the court registrar, and based on this, he was given interim protection from arrest. If Bhagtani pays as little Rs 3.66 cr (one-sixth of 22 crore), his interim protection from arrest will continue. Nothing more needs to be done, at least in the immediate run.
2) Alternatively, Bhagtani may repay with interest OR he may offer alternative accommodation (i.e. "transfer option") to the intervenors and complainants ("first informants") who filed the first information report i.e. FIR. OR he may arrive at some form of settlement. Intervenors and first informants (and not all home buyers) will be called for a meeting on 16th December, and they will be intimated through their lawyers.
3) Curiously, the order says: "Said proposal is accepted by the learned counsel for the intervenors". Who is this learned counsel who has accepted such a proposal? Adv. Devendra Nath Tripathi who is named in the order, or someone else? This is not clear, and probably, none of the counsels for the intervenors will own up to having accepted the proposal mentioned in the uploaded order.
MAIN POINTS OF THE ORDER:
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THE REMEDY
Adv Shraddha Dubepatil is going to approach the court on Monday to get this order rectified / clarified, and she believes that the rectified order will be according to what was earlier stated by Justice Anuja Prabhudessai in open court.
Is her confidence justified? Or will Bombay High Court prove itself to be a Court of Surprises rather than a Court of Justice? Let us wait and watch.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
9821588114
krish.kkphoto@gmail.com
Anything seems to be possible in this judicial system...Mind boggling unethical behavior
ReplyDeleteIt looks like money and power has a power to manipulate añy thing and any one... Hats off to our judiciary system.
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DeleteBrave reporting
DeleteWat is this Krishnaraj...this is all rubbish...are you blind...everything is written in the order watever said by Anuja Prabhudesai on 30th November...all facts are there...read the order twice before writing and trying to confuse others.
ReplyDeleteWat is this Krishnaraj...this is all rubbish...are you blind...everything is written in the order watever said by Anuja Prabhudesai on 30th November...all facts are there...read the order twice before writing and trying to confuse others.
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ReplyDeleteMr. Krishnaraj stop promoting a dumb lawyer for some monetary benifits. The case has been handled by Mr. DEVENDRA till date single handedly. Your tactics of getting more clients by frightening them is known to all.
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DeleteKrish, pls do not ask sharadha ji to approach court till next hearing. Devendra Ji got HC order after a lot of hardwork and this order is very good for all of us. It was also mentioned In the mumbai mirror. Pls do not deviate from currently passed order. If you want any new order should be passed then pls ask your lawyer to discuss with judge on 18th pls do not do anything right now else order will get cancelled. Let wait for bhagatani move. Bhagtani will get benifit if we approach court.
ReplyDeleteI have also invested in serenity i with drew and they have to pay me 25 lakhs .
Deletepl help me join the group
Prof Chakravarthy
IITB chakkuiit@gmail.com
This comment has been removed by the author.
ReplyDeleteMr Cool, you appear to be a Bhagtani. And that is why you will not refute any of my arguments with logic. You are only spreading fear and illogic. You are Dipesh Bhagtani pretending to be the president of the Devendra Tripathi Fan Club. Prove that you are not. Reveal your true identity, Mr Cool.
Deletedear krishna raj thankyou for your support and efforts
DeleteDefinitely see the fingerprints of Diipesh in this message, the writing standards indicate that this was written by someone who always failed English classes only to be bailed out by his Father's bribes to get passing grades. It could also be a strange co-incidence that the handle he uses is very akin to his twitter handle: IamDLB
ReplyDeleteWe can't blame the poor guy though, he has been left hanging out to dry by his family and his wife. Diipesh now just spends his time following all the cases against him, watching the spy cams in his office (investors be careful using his office toilets - yes, there are spy cams in there too!) and catching up on the latest season of Narcos on Netfix, probably co-miserating with Pablo Escobar moving from safehouse to safehouse to evade the authorities.
Diipesh was supposed to be the only person in the family with some real marbles, but, he now chooses to hide behind fake aliases. Diipesh, please man up and show the world that you are not Mukesh and are the true keeper of your family jewels.