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The owner of the Malad flat rented by television actor Maria Susairaj,convicted for destruction of evidence in the Neeraj Grover murder case of 2008,has moved the Bombay High Court challenging the order of the City Civil Court restraining her from selling or leasing out the flat till the appeals filed by Susairaj,her boyfriend Emile Jerome and the state government are concluded.
The application was filed by Shivani Chandatri (29),a NRI who had bought the flat number 201 in the B-wing of the Dheeraj Solitaire building in Malad,on July 12,2007.
The flat was rented out to Susairaj for ten months from May 2008 till March 2009 for Rs 16,000 a month,states Chandatris application filed through her lawyer Parvez Memon of MZM Legal.
The flat was,later,seized after Susairaj and Jerome were arrested for allegedly killing television executive Neeraj Grover and hacking his body before disposing it in a jungle at Manor.
Stating that the investigation as well as the trial in the case has been concluded,Chandatri has contended that restraining her from creating third party rights in the flat,as ordered by the City Civil Court on August 10,2011,would serve no purpose as she has already suffered a loss of Rs 25 lakh and undergone mental trauma continuously for the last three years.
Chandatri has stated that she had purchased the flat after securing a loan from Deutsche Bank. She had rented out the flat to generate additional income for herself in order to pay her loan EMIs. However,after the flat was seized she had no option but to take a friendly loan at 10 per cent interest from a friend in Dubai to be able to pay her EMIs.
Arguing for Chandatri,Memon told the court that Susairaj had been handed out a three-year jail sentence that she had served and is now out of jail.
Susairajs suffering is over but I (Chandatri) continue to suffer till date, Memon said.
The appeals filed by the state government against the acquittal of Susairaj and Jerome under the murder charge,and those filed by the duo against their conviction,have been admitted by the High Court and may take three to five years to be decided.
Memon said Chandatri who has suffered undue hardship because of the seizure of the flat,wishes to sell it.
The release of her flat,in no way,would affect the appeal proceedings in the High Court,Chandatris application states.
Adjourning the case for one week,the court has asked the investigating officer in Grover murder case to file his say in the case.
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