JUDGMENT 1. Perused our Order dated 6th December, 2021. Pursuant thereto, Shri Nirav Rajesh Parekh, son-in-law of Shri Jayesh Rami is present in Court. He has informed the Court that Shri Jayesh Rami has left India for U.S.A. to visit his son and daughter-in-law who are blessed with a child on 23rd October, 2021; the wife of Shri Jayesh Rami is already in the U.S.A. since 14th September, 2021; Shri Jayesh Rami resides at Seva Kunj, Kandivali (West) which flat is owned by the family and that he (Shri Jayesh Rami) resides in the said flat with his brother and his wife (bhabhi); he has no information about the assets, income-tax returns etc. of Shri Jayesh Rami. 2. After the Court raised several queries, Shri Nirav Parekh volunteered, that Shri Jayesh Rami has commenced the process of returning to India and will be back within a few days. We directed him to ask Shri Jayesh Rami to join the proceedings online. Accordingly, Shri Jayesh Rami has appeared before us through video-conferencing. Shri Jayesh Rami undertakes to return to India not later than 15 days from today. His undertaking is accepted. He was directed to Whatsapp his Visa document to his son-in-law which he has done. A copy of the same is taken on record and marked "A" for identification. He has informed the Court that his PAN No.AAAPR9784L; his personal income-tax returns as well as the income-tax returns of the partnership firm M/s. Vrajlal Hargovind wherein he and his brother are partners having 50% share each are filed by Shri Pradip Dubal and the income-tax returns of the Company Raj Arcade & Enclaves Pvt. Ltd. are filed by Shri Atul Salgia; he is residing in Flat No.1 at Seva Kunj which is a tenanted flat and the tenancy stands in the name of his wife; in the same building his brother is a tenant in respect of Flat No.5, wherein his brother resides with his wife; he has given security of Rs.73 Lakhs to the SRA for the project, named Jayesh Realty. 3. The Income-tax Commissioner shall produce before this Court the income-tax returns filed by Shri Jayesh Rami having PAN No. AAAPR9784L of the last five years filed in his personal name as well as in the names of his partnerships/proprietory firms i.e. M/s. Vrajlal Hargovind and M/s. Jayesh Realty. 3. The Income-tax Commissioner shall produce before this Court the income-tax returns filed by Shri Jayesh Rami having PAN No. AAAPR9784L of the last five years filed in his personal name as well as in the names of his partnerships/proprietory firms i.e. M/s. Vrajlal Hargovind and M/s. Jayesh Realty. If no returns are filed in the last five years, the last return/s filed by Shri Jayesh Rami shall be produced on the adjourned date. SRA shall inform the Court on the next occasion the status of security of Rs.73 Lakhs provided by Shri Bharat Rami in the form of bank guarantee. 4. The Company Raj Arcades and Enclave Pvt. Ltd. shall disclose on oath all its assets as on date, the balance-sheets of the last five years, income tax returns of the last five years, bank statements in which the Company has accounts for the last five years and the break-up of the balance consideration to be received from the flat purchasers. 5. The Company Raj Arcades and Enclave Pvt. Ltd. and its directors shall not sell, alienate, encumber, part with possession and/or create third party rights in respect of their assets and/or the assets of the Company without seeking prior permission of this Court. 6. Shri Ashwin Mistry and Shri Rajesh Savla undertake to handover possession of the office premises of their Company to the Court Receiver, before 5.00 p.m. today. They have also informed the Court that they have a potential buyer who is willing to pay Rs. 1.65 Lakhs for the said office premises, however, the prospective buyer will convey his final offer on or before 10th December, 2021. 7. Shri Ashwin Mistry and Shri Rajesh Savla undertake to clear the arrears payable to the Society towards maintenance charges in respect of the office premises on or before 10th December, 2021. The undertaking is accepted. 8. Shri Ashwin Mistry and Shri Rajesh Savla have deposited their respective passports with the Court. The Registrar ( Judicial) shall retain the same in his custody and produce the same as and when this Court directs him to do so. 9. The Advocate appearing for the Applicant on instructions seeks to withdraw the Interim Application (L) No.23206 of 2021. The Interim Application (L) No.23206 of 2021 is disposed off as withdrawn. 10. The Registrar ( Judicial) shall retain the same in his custody and produce the same as and when this Court directs him to do so. 9. The Advocate appearing for the Applicant on instructions seeks to withdraw the Interim Application (L) No.23206 of 2021. The Interim Application (L) No.23206 of 2021 is disposed off as withdrawn. 10. Order passed in the above matters shall also be applicable to Writ Petition (st) No. 23526 of 2021 in respect of flat No.101. 11. Stand over to 10th December, 2021 to report compliance.