HC restrains resort’s Kanjur village deal after order violation

MUMBAI: Adarsh Water Park and Resorts, which claims to have entered into a development agreement with the executors of Sir Yusuf Khot’s property in 2005 for developing 1,000 acres of land in Kanjur Village for ₹11 lakh, was restrained by the Bombay high court (HC) from creating any third-party rights or selling any part of the land.

The restraint was passed by the HC after the grandsons of Sir Yusuf Khot, the original owner, informed the court that the company had fraudulently claimed development rights for the 1,000 acres based on forged agreement. The HC in 2006 had directed Adarsh and the owners to maintain status quo, but as Adarsh had been violating the same, the court passed the restraining order.

“To make it abundantly clear, all further transfers in respect of any of these properties involving the Plaintiff (Adarsh) are restrained until further orders. The Defendants are already under a restraint order and that will continue,” noted the bench.

Adarsh had filed a suit in 2006 in the HC for specific performance of an agreement they had purportedly entered into with the executors of Sir Khot’s estate. However, as the executors had disputed the agreement and had also denied receiving the Rs11 lakh, the HC had asked both parties to maintain status quo.

On Thursday, the bench of justice GS Patel was hearing a notice of motion in the suit filed by Adarsh Water Parks and Resorts. The HC was informed by advocate Zal Andhyarujina, counsel for Faruq Abdul Rehman Yusuf, the executor of Sir Yusuf Khot’s estate, that the directors of Adarsh had tried to grab the ancestral property by allegedly using the forged power of attorney of Abdul Rashid, (co- executor of the estate) and an agreement in 2006.

A first information report (FIR) was lodged against the directors earlier in 2018.

Andhyarujina further said an inspection of the photocopies