Lion Radhakishan Phulwani 05 April 2024

Eow / mpid case

Dear Friends.

Good day to all and greetings of the day. My name is Radhakishan Phulwani from Mumbai. I need good guidance and help from you. My story as follows:

- December 2013 : We 5 friends purchased 5 (1400 SQY) NA residential plots in nearby Hyderabad for investement purpose from of one developers based in Mumbai . THE SALES DEED REGISTERED OFFICIALLY AND STAMP DUTY PAID IN HYDERABAD.

- December 2015 I purchased 44 plots (9800 SQY) from same developer in same scheme .again for investement purpose . THE SALES DEED REGISTERED OFFICIALLY AND STAMP DUTY PAID IN HYDERABAS.

- All the plots also registered in Land Departement and loaded in our account till today.

- March 2017 Unfortunately the developer went bankrupted . There was about 400 persons complained against him and he was jailed..

- The case was refered to E.O.W , for investigation. While investigating they found lots of properties purchased by developers located in various cities in India.

- E.O.W sent letter to " REQUEST TO SECURE PROPERTIES " notices to all registeration office including Hyderabad Registerar, where we purchased lands.

- We wrote 2-3 letters to E.O.W., Mumbai with all the evidances that we purchased our lands long back and paid money and requested them to exclude our lands from " SECURE PROPERTIES " but no one replied.

- i visited Joint Commissioner's of E.O.W office with all original documents . But they just say to write your application again and submit to us and we will look for matter. But in 6 years no reply no action.

- Finally I approached Mumbai MPID through an lawyer introduced by friend and Petition was filed . I attended several dates but no hearing .

- Two three months before MPID court transfered case to another court in Mumbai and there was hearing date on 02/04/2024. I visited with my lawyer . there was hearing about my case but I dont understand whats happening there.

After some times when I and lawyer came outside the lawyer informed that the case has been transfered to TEHSILDAR and he said that the TEHSILDAR will look after all properties and he will sale and will distribute the sale amount on prioreta basis among all debtors including us.

I surprised and asked him that we are not Debtors . We just want our land to be released. But he said cant do anything and now we wait for the informations to come from Tehsildar next month and than we will discuss.

I request dear lawyer friends to guide me what I should do . I can meed any expert lawyer to discuss face to face and possibily appoint him to take this matter further.

Lawyer can contact me directly by mail . Im living in Navi Mumbai.

Your help will be highly appreciated .

Thankds and Regards

Radhakishan Phulwani -

- Plots also registered in Land departement and still showing plots

Reply Follow

5 Replies

Mr. Sumitra kumar (Advocate) 05 April 2024

File a Writ petition in Bombay High court.

Thank you.

Lion Radhakishan Phulwani 05 April 2024

Sir, thanks for your advice. I filed writ petition one year before before honourable MPID court in Mumbai. They sent notices to EOW to know if they have any objection. But suddenly MPID court transferred the case to session court Room No.20. On 02.04.2024 there was hearing date but sorry to say without listening our appeal or request honourable judge transferred case to Tehsildar / court receiver. Now don't know what will happen . Can I file again writ petition to review again OR can I file case in High Court ? Please advice.

thanks.

Dr. J C Vashista (Advocate ) 06 April 2024

What is the term MPID Court used by you?

Writ in MPID Court, are you sure ??

Mr. Sumitra kumar (Advocate) 06 April 2024

Section 11 of the Maharastra Protection of Interest of Depositers(in Financial Institution)Act 1999 provides for appeal in the high court. Since my place of practice is in Patna, I don't know much about Mahastra Laws. But if you are agrieved by the order of the MPID court, then you can file an appeal in the high court. I also don't know much about your case. So it is advisable to contact an advocate practising locally of your choice. You can also file a writ petition under article 226 of Constitution of India. So find a good advocate.

Thank you.

T. Kalaiselvan, Advocate (Advocate) 06 April 2024

You said that you have purchased the property, which means you are in possession of all the purchased plots.

Was your plot secured by eow through the registrar?

Since the developer sold the properties to various buyers, whether you were given any notice to secure your property?

Whatever, there was no necessity to approach MPID or the EOW unless if you have confirmed information that your plots were annexed by the investigating agency.

You cannot file a writ petition before MPID

Since you voluntarily got into the case, you may have to follow the case through Tehsildar's court and file a petition to exclude your properties, if your petition is dismissed then you can either prefer an appeal of file a writ petition before high court.