Bombay HC Sends Builder to 3 Months’ Civil Imprisonment Over His Contumacious Conduct
MUMBAI: The Bombay High Court, citing evidence of ‘wilful, deliberate, and contumacious conduct’ by builder Paras Dedhia, directed the police inspector of NM Joshi Marg on Monday to immediately arrest him from the court premises and transport him directly to Arthur Road Jail. Dedhia is to serve a three-month sentence of civil imprisonment.
The builder, as stated by Justice Abhay Ahuja, willfully breached undertakings given to the High Court and was absent on several dates, thereby interfering with the administration of justice. Additionally, the builder flouted a non-bailable warrant (NBW) and previous orders related to alleged defaults in redevelopment projects in the Chembur-Govandi area in 2013-14.
Justice Ahuja in his order said, “If this conduct is not dealt with firmly, that may result in lowering the dignity and the majesty of this institution in the eyes of the public and in erosion of the faith that the people in the country repose in the judiciary and the rule of law.’’ The HC noted, “ Although he (Dedhia) is present in Court, he has not even apologized nor has he furnished any explanation for his willful and deliberate disregard of the orders of this Court.’’
Previously, the High Court had documented Dedhia’s contumacious conduct, noted Justice Ahuja, observing that despite the police machinery being mobilized, Dedhia could not be apprehended. It was highlighted that Dedhia presented himself only after the matter had been called out, in view of the standing warrant of arrest and lookout circular.
“The earlier orders of this Court are a testimony of his contumacious conduct,’’ the Judge said.
Court receiver appointed in the case said possession of a land for construction of wing ‘B’ of project ‘Yash Signature’ at Arjun Gawand Estate, Opposite Telecom Factory, Sion Trombay Road, Mumbai 400 088 that has been demarcated by way of tin sheets and also taken symbolic possession of the project “Yash Heights” at Station Road, Govandi, Mumbai 400 088.
The original tenants had alleged that Dedhia, the sole proprietor of Yash Builders, defaulted and failed to provide redeveloped tenements and transit rent amounting to crores of rupees to them over nearly 10 years. The High Court accepted the Court Receiver’s Report and granted time to the parties to review it and file a response by April 10, the date of the next hearing.
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