The Bombay High Court observed ‘No Case Made out’ in the suit filed against Rizvi Builder & Rejected Ad-Interim application to deposit Rs.5.57 crore filed by Junaid Khan & his brothers.The Bombay High court on 22/12/2022 rejected the ad-interim application in the suit filed by Junaid Ebrahim Khan & his brothers against director Mr. Akhtar Rizvi, Reshma Rizvi & Meena Arthe, directors of Rizvi Estate & Hotels Pvt Ltd seeking decree to pay an amount of Rs. 5.57 Crores together with profit @ 24% p. a. including restraining Rizvi builder from operating their bank accounts, selling and/or creating any third party in residential premises in project Rizvi Utopia, Santacruz and other premises of the interim application. The Hon. Court while rejecting ad-interim, stated that it is a simpliciter money claim and without any
case being made out for grant of these reliefs, there is no question of granting any ad-interim injunction. Moreover, the court pass the order stated that ‘as far as the deposit is concerned, not satisfied that this relief can be granted at ad interim stage. No case is made out. The real estate developer Mr. Akhtar Hasan Rizvi said that the F.I.R filed against all the directors of Rizvi Estate & Hotels Pvt Ltd totally false and illegal. His legal team is doing the needful within the framework of the law. His son Late Abis Rizvi
who had solely executed this financial transaction & signed MOUs company resolution or approval from other directors of Rizvi Estate & Hotels Pvt Ltd & who solely signed the said MOUs. As matter of fact, the said SRA project where the proposed construction of commercial project, Rizvi Corporate Park was solely managed by late Mr. Abis Rizvi. The said MOU’s had clear mention that the construction of commercial building is subject to SRA, MCGM & other govt dept permissions and only total amount of Rs. 2.8 crores were invested by Junaid Khan & his brothers. However, unfortunate death of Mr. Abis Rizvi in the terrorist attack at Istanbul, Turkey in Jan 2017, the project could not be developed further and still 70 percent work is pending. Nevertheless, on humanitarian grounds, Mr. Akhtar Rizvi agreed to the demands of complainants to allot them 04 residential flats of 3 BHK at the residential project at huge discounted rate in presence of both witnesses Mr. Suhas Vengulekar & Mr. Mohd. Rafiq Picturewala but Junaid Khan & his brothers never came forward to pay balance consideration amount or register & take possession of these flats, despite several written reminders & legal notices issued to them. On the contrary, they filed false police complain at Vakola police station, Santacruz, Mumbai which was disposed on 31/05/2018 as ‘No Cognizable offence’ was made out against Mr. Akhtar Rizvi. Subsequently they also filed complain with MAHARERA, Bandra Mumbai & vide order dtd 11/01/2018 it was disposed as withdrawn by the complainant due to lack of any merit.
Mr. Akhtar Rizvi has already submitted written complaint for ‘Stalking’ by Junaid Khan & certain unknown persons taking photographs of him & his wife unlawfully, threat to him & his family and illegitimate demand of Rs. 10 crore to settle the matter is already filed on 27/8/2022 with Azad Maidan Police Station, Bandra Police Station & Khar Police station including request for police protection.
As per Mr. Akhtar Rizvi’s Advocate K S Solanki, in the ABA application, a demand draft of refund the of original principal amount of Rs. 2 crore 80 lakhs was submitted by his client at Hon. Sessions Court, Mumbai since there was no intention of cheating as alleged by complainant Junaid Khan. The copy the ad interim relief granted Hon. Bombay High court in favour of directors of Rizvi Estate & Hotels Pvt Ltd namely Mr. Akhtar Rizvi, Reshma Rizvi, Meena Arthe was also filed but the same was not considered by the Hon. sessions court.
‘It is an tactic to extract huge money by filing numerous baseless complaints with various authorities only to harass, publicly defame and tarnish my reputation as I am reputed real estate developer, educationalist & ExMember of Parliament. The complainant Junaid Khan & his three brothers as per their well-planned conspiracy is attempting to create undue pressure to ensure that their exorbitant demand is fulfilled which is evident since the complaint dtd 31/1/2022 at EOW is for Rs. 25 crores & 20 lakhs, the FIR is
registered on 28/7/2022 states Rs. 12 crores and the monetary claim in the commercial suits in Hon. High court Bombay is for appx Rs. 22 crores against their original invested amount of just Rs. 2 Crore 80 lakhs said the real estate developer Mr. Akhtar Rizvi.
