The Brave Pedestrian

Mumbai, 28th March, 2018: It appears on the face of it, that MahaRERA order on Xander's interest in Bhagtani Serenity dated 16th March safeguards the interests of Serenity allottees. Mumbai Mirror interpreted the order in a positive way, and said, "Maharashtra Real Estate Regulatory Authority... ruled that Xander Finance... will have to protect the interests of the home buyers." Is this positive interpretation 100% correct, 50% correct, or only 10% correct? Before we start searching for answers to this question, let us acknowledge the efforts of Trivesh Pooniwala and other Serenity victims, and Adv Tanuj Lodha who ably represents them. This article is not intended to belittle their efforts and achievements; indeed, it is meant to support them in their quest for justice. It appears that on the face of it, RERA judge BD Kapadnis has passed an order in the interests of Serenity allotees. But bear in mind that jo dikhta hai, woh hai nahin, aur jo hai, woh dikhta nah...

Mumbai, 19th January, 2018: Yesterday, Diipesh Bhagtani was produced before the Metropolitan Magistrate and his police custody was extended till Monday, 22nd Jan. He will be produced again on Monday, and possibly remanded to judicial custody for some weeks or months. Alternatively, he may be released and immediately re-arrested for Savannah and Sapphire FIRs as he doesn't have anticipatory bail. Everything depends on what the EOW bosses are thinking and how forcefully the public prosecutor argues before the magistrate. If the public prosecutor  argues convincingly, Diipesh may spend months in Arthur Road or Byculla jail. Earlier, time was Bhagtanis' best friend. That friendshop broke last Thursday when Bombay High Court dismissed their anticipatory bail application ( Read the order ), and EOW arrested Diipesh Bhagtani. Now time is Bhagtani's enemy, because every passing day increases the chances Diipesh will lose his marbles during police interrogation. The police ...

14th October, 2017, Mumbai: After reading Bombay High Court's latest order is in Bhagtani Anticipatory Bail Application no. 1533, the big question is, What should Bhagtani Riyo victims do next? Earlier, we were confident that the court was firmly set on the track of protecting ALL investors of Bhagtani Riyo project, whether they were interveners or not. However, at the present moment, we feel it is advisable for everyone who booked flats in Bhagtani Riyo to become interveners so that they can inform the court if their dues are not settled as per orders . There are many lawyers currently representing interveners. One of them is Advocate Shraddha Dubepatil (Mob: 9920187873).  Below are the things to be hand delivered by the flat allottee (or their Power-Of-Attorney holder) to Adv. Shraddha 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 / cla...

Mumbai, 14th October, 2017: There was astonishment at the high court hearing of Bhagtani builders' anticipatory bail application no. 1533, because Justice A M Badar seemed to suddenly forget the previous orders passed on 29th September and, crucially, the one passed on 3rd October ! The main point of the last order was, "Statement made in affidavit of applicant Diipesh regarding depositing of Rs. 22 Crores is accepted as provisional payment which shall take care of interest of investors. In addition thereto, the applicants are directed to submit list of all persons who booked apartment in the incomplete project ''Bhagtani Riyo''. The list to show the amount deposited by each investors as well as the amount payable to each investor considering the rate of interest at 15% or agreed rate of interest per annum as on the date of submission of list. The list alongwith affidavit of the applicant be tendered on 12th October 2017." On 12th October, Aila, ...

Mumbai, 4th October 2017: The order passed by Justice A N Badar for yesterday's proceedings of the Bhagtani Riyo case has deep significance, not only for hundreds of flat buyers, but also for flat-buyers and builders in general.  Download Bombay High Court's order . Below is the operational part of the order. My notes and interpretations are in red below each paragraph of the order. It is seen that investors, who booked apartment in scheme named as ''Bhagtani Riyo' by JVPD Properties Private Limited could not get possession of their apartment on completion of the project. Therefore, informant Sonal Mehta has lodged the report which has resulted in registration of the crime in question. 2. It appears that the land on which the project was to come up is a ''Gurcharan' land and in view of the law laid down by the Hon'ble Apex Court, the scheme might not have materialised. (The judge, Mr Badar, is using neutral language. He is not pre-j...

Mumbai, 4th October, 2017: Give a big cheer if you booked a flat in Bhagtani Riyo! Yesterday's Bombay High Court order in Criminal Anticipatory Bail Application no. 1553 of 2017, gave relief to ALL victims of the Bhagtani Riyo Mira Road Project (and not just complainants and interveners). Hundreds of victims of both Riyo 1 and Riyo 2 are happy with the order of Justice A M Badar, who heard the case yesterday. Uploading of the order is keenly awaited! Riyo victims are to be repaid with interest within six months. The amount will clearly exceed the Rs 22 crore mentioned in last week's order by Justice Revati Mohite Dere .   HIGHLIGHTS OF YESTERDAY'S COURT PROCEEDINGS: 1) Dipesh Bhagtani gave an affidavit undertaking to pay Rs 22 crore or more within six months. (The first installment is to be deposited with court before Friday, 13th October, 2017.) To read affidavit, click here . 2)  Repayment will be with 9%, 15% or 18% interest as mentioned in allotment ...

Mumbai, 29th September, 2017: The hopes of hundreds of victims of Bhagtani builders ill-fated Riyo project in Mira Road today when Justice Revati Mohite Dere of Bombay High Court gave a strict order requiring Dipesh, Mukesh and Lakshman Bhagtani to pay back Rs 22 crore to the victims within 6 months, as a pre-condition for their anticipatory bail. Click here to read today's order in Criminal Anticipatory Bail Application no. 1533 of 2017, wherein there were roughly 175 interveners in four Criminal Applications (CA no. 862, 882, 901 and 910 of 2017).   MAIN POINTS IN TODAY'S ORDER: 1) Counsel for Bhagtani builders was forced to undertake that (a) the builders will deposit Rs.22 crores (as per the judge's directions on 15th Sept ), in 6 equal installments, within six months from today (b) that the first installment will be deposited on or before 12th October, 2017 and (c) the balance 5 installments, thereafter, within one month each and (d) if there is a s...

25th September, 2017, Mumbai: Good news for Bhagtani Riyo flat-purchasers. Our Adv. Shraddha Dubepatil mentioned our case before Justice Revati Mohite Dere today 11 am and got it preponed to Friday, 29th September. It was earlier scheduled for hearing on 13th October. As you know, Advocate Shraddha Dubepatil has filed intervention application on behalf of 75 flat-buyers. Two other advocates have also filed, bringing the total to over 200 intervenors. The door is still open till Wednesday evening, if more investors wish to join. How to join? Below items are 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. Mobile nos. of Adv. Ankur are 9075537627 and 9657071710. ·          Allotment Letter ·          Cancellation Deed if any ·  ...

 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 13 th 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...