Bombay High Court sends developer to 3 months in civil prison for wilful breach of court orders

The original tenants had alleged Dedhia — a sole proprietor of Yash Builders — committed defaults worth several crores of rupees as he failed to provide redeveloped tenements and transit rent to them in nearly 10 years.

A single-judge bench of Justice Abhay Ahuja passed an order in a batch of pleas which claimed Dedhia had failed to abide by the consent terms to settle certain disputes and alleged contempt of court by him.

Advocate Mehul Rathod, representing Surekha Dilip Gawand’s family — one among the aggrieved families — had submitted that both of their redeveloped flats had already been sold illegally by Dedhia even before the terms of consent were executed.

During a previous hearing on March 27, as Dedhia was not produced before the court, Justice Ahuja had expressed “surprise” over an NBW not being executed by NM Joshi Marg Police station, Lower Parel — where he resided.

It extended time for the NBW to be executed, seeking he be produced before the court on April 1. It had also directed Mumbai Police Commissioner to issue a look out circular (LOC) against Dedhia so that he did not leave the city and the country.

On Monday, a police officer along with Additional Government Pleader Amit P Palkar for state submitted that Dedhia evaded arrest till late Sunday night and had switched off his mobile phone.

The police submitted that although his phone had been put on surveillance, he could not be arrested. “This Court has in several previous orders recorded Paras Sunderji Dedhia’s deliberate, willful and contumacious conduct which can be exemplified by the above narration of events as despite the police machinery of the State being put into action, he could not be arrested and in view of the standing warrant of arrest and look out circular has presented himself after the matter has been called out,” Justice Ahuja noted.

The judge added that earlier orders were “testimony of his contumaciousness of the undertakings given to the Court” and the same interfered with “the administration of justice”.

“Although he is present in Court, he has not even apologised nor has he furnished any explanation for his willful and deliberate disregard of the orders of this Court,” the bench noted.

The judge ordered three-month civil prison term for Dedhia and asked the senior police inspector Arvind Chandanshive present in the court to immediately take Dedhia from court premises to Arthur Road jail and asked him to deposit his passport with HC registry. “Let the payment for the same be made equally by all the Execution Applicants,” the bench noted.

The court receiver informed the judge that he took possession of the plot of land for the construction of ‘Wing B’ of ‘Yash Signature’ project and a symbolic possession of the ‘Yash Heights’ project at Station Road in Govandi area was undertaken too.

The court also continued its earlier direction of restraining Dedhia from operating any of his accounts held in any bank in India till further orders.

The HC will hear the matter next on April 10.