Mumbai: The Bombay High Court on Wednesday appointed a court receiver to take physical possession of a plot on S V Road, Goregaon (W), in which five doctors had invested money to purchase commercial premises over 21 years ago.A bench led by Justice Ajey Gadkari also injuncted developer Zenal Constructions Pvt Ltd, director Prakash Barot, three other developers and the landlord from creating third party rights in the plot.The doctors’ appealed against a single judge’s June 19 order dismissing their plea for interim protection under Arbitration and Conciliation Act in respect of 1,405 sq yard land known as Dave Estate. They had paid Rs 60 lakh to the developer/Barot in June 2005 MoU for 4,360 sq ft premises in Ambika Arcade to be constructed on it. Delivery was promised within 24 months of getting BMC’s conditional approval which was not obtained.The judges said the record indicates the developer/Barot “attempted to play fraud on the appellants”, “outrightly cheated” them and “continue to use their monies interest free for over 21 years.”
