Court slams US national, stops him from disposing off properties in state
Observing that a United States (US) national has no respect and regard for Indian courts, the Bombay High Court recently restrained the foreigner from making any third-party rights over his three properties located in Alibaug and Pune.
The observation was made by a single-judge bench of Justice Shahrukh Kathawala while hearing a suit filed by Rosina Mehra against her estranged husband Vijay Mehra, a US national. She had sought directions restraining her husband from alienating or disposing off their properties.
According to Rosina, she along with her husband had taken a joint housing loan worth Rs 2.90 crore and purchased a flat in Malabar Hill. She had a 50 per cent share in the said flat. The flat was given to Hindustan Unilever Limited on leave and licence basis, for which the company had paid a security deposit of Rs 4 crore. Rosina’s petition said around September 2011, her husband Vijay fled to US, along with the Rs 4 crore deposit. She also claimed that due to some marital disputes between them, Vijay had even filed a divorce petition in Delhi’s Patiala House Court.
She also said her husband had availed more than Rs 1crore loan on the pretext of making renovations of their Malabar Hill-based flat. Rosina has alleged that the said amount was used in purchasing two more plots in Alibaug and a flat in Pune. She has claimed that due to her husband’s move to shift to the US, their flat has been mortgaged by the banks and proceedings are initiated against her.
Rosina later filed two criminal complaints with the Malabar Hill police station against Vijay for allegedly siphoning off the money, on which she too has a 50 per cent share.
During the hearing before Justice Kathawala, Vijay twice breached his unconditional undertaking wherein he had said that he would remain present in the court. His contention for not being present in the court is that police can arrest him once he reaches India as a ‘Look Out Notice’ is already issued against him.
After noting Vijay’s conduct, Justice Kathawala said, “It is clear that Vijay, a U.S. citizen, has been dodging the courts of law in this country, as well as the police authorities on one pretext or the other. It is also clear that Vijay has no respect or regard for the courts of this country and the orders passed by it. The ground that no protective orders are passed in his favour, can be plainly seen is a mere excuse.”
Justice Kathawala also held it prima facie true that Vijay has siphoned off the security deposit with interest earned thereon. “There is no doubt that Vijay’s conduct has put Rosina into grave difficulty and inconvenience. The fact remains that Rosina is today saddled with a huge liability and any submission made on behalf of Vijay cannot be relied upon or trusted in view of his brazen dishonest conduct.”