A dispute over 300 acres of land owned by the owners of Parsi Dairy Farm has landed in the Bombay High Court, after the family accused Urvaksh Naval Hoyvoy, one of the dairy partners, of fraud by creating a fabricated Power-of-Attorney (PoA) in his name to control the property located at Talasari, on the Maharashtra-Gujarat border. Last week, Justice S J Kathawalla directed Urvaksh, grandson of the Parsi Dairy founder and one of the eight partners of the dairy, to disclose if he had created any third party rights on the land or received money based on this PoA. The petition was filed by Meher K. Patel and other family members, upon discovering that agriculture land was converted into non-agriculture land on the basis of forged PoA. Hoyvoy’s wife, Amy, and son, Armaan, have also been made respondents.
The court directed Hoyvoy to file an affidavit, giving details about him having used or acted upon the PoA, as “details from 20.06.2011 in respect of all the third party rights created by him in relation to the immovable properties of the Parsi Dairy Farm”; seeking records of all transactions he may have had over the 300 acres at Warvada, since he became partner of Parsi Dairy Farm. “In the event of him having received any monies, he shall disclose the accounts in which the amounts received by him have been deposited,” it said. When the court asked Hoyvoy to produce the original PoA, his counsel said the original is ‘not traceable since 2013-14’ and will produce it when traced. He undertook not to act on the PoA of 2007.
The family approached the court, seeking to restrain Hoyvoy from disposing of, alienating or creating third party rights of any immoveable property owned by Parsi Dairy Farm (including Dairy Land). Hoyvoy’s family has been running a restaurant, ‘Parsi Da Dhaba’, on part of the land on the highway. His partners want him to shut the restaurant on their land and seek a monthly compensation of Rs. 6 lakhs towards its use. The petitioner also said Hoyvoy was collecting money and ‘wrongfully’ creating encumbrances and liabilities on the land. He had “falsely and fraudulently” represented the partnership firm’s land as the land of Dairy Land Farm Houses and “collected advances from numerous people towards proposed allotment upon development of the project’’, they added. The partners said they filed an RTI application in the Tehsildar’s office, seeking a copy of the “forged power of attorney”. However, the Tehsildar said it was not traceable. They filed another application in March 2013 to the Circle Officer/Tehsildar in Palghar District for a copy, which they were able to get. The petitioner said the signatures of all eight partners were forged.
Until further orders, all the partners shall maintain status quo in respect of the MoU, the HC directed. In court, Hoyvoy raised a grievance: his sister, who stays with their mother in Pune, was not allowing him to meet her. The sister, on April 13, informed Justice Kathawalla that their mother was “refusing to meet or talk to him”. The judge directed Hoyvoy to visit his mother on April 14 for two hours. A court officer was also sent to Pune and is asked to report when the matter will next be heard by April 27, whether the mother genuinely refused.
Courtesy: Times Of India