Bombay HC orders Yash Builders' owner to 3 months civil jail

01 Apr 2024

The Bombay High Court, referring to evidence of 'wilful, deliberate, and contumacious conduct' by builder Paras Dedhia, instructed the police inspector of NM Joshi Marg to promptly detain him from the court premises and transfer him directly to Arthur Road Jail. Dedhia was sentenced to three months of civil imprisonment.

According to Justice Abhay Ahuja, the builder had intentionally violated commitments made to the High Court and had been absent on multiple occasions, thereby disrupting the administration of justice. Moreover, Dedhia had disregarded a non-bailable warrant (NBW) and previous directives regarding alleged defaults in redevelopment projects in the Chembur-Govandi area during 2013-14.

Justice Ahuja, in his ruling, remarked, ?If this behavior is not addressed firmly, it may lead to a decline in the esteem and authority of this institution in the public eye and a weakening of the trust that the people of the country have in the judiciary and the rule of law.?? The High Court observed, ?Although he (Dedhia) is physically present in the Court, he has neither apologized nor provided any explanation for his deliberate and wilful disobedience of the Court's orders.??

Previously, the High Court had documented Dedhia?s contumacious behaviour, Justice Ahuja noted, stating that despite efforts by the police, Dedhia had evaded arrest. It was pointed out that Dedhia only appeared after his case was called, in light of the outstanding arrest warrant and lookout notice.

?The past rulings of this Court illustrate his contumacious behaviour,?? the Judge added. The court-appointed receiver in the matter confirmed the taking of possession of land for the construction of wing ?B? of the ?Yash Signature? project at Arjun Gawand Estate, Opposite Telecom Factory, Sion Trombay Road, Mumbai 400 088, which had been marked by tin sheets. Symbolic possession of the ?Yash Heights? project at Station Road, Govandi, Mumbai 400 088, was also taken.

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