A court-appointed commissioner may soon record builder Gopal Raheja's testimony against industrialist Nusli Wadia. The patriarch of construction giant GL Raheja Group is in a legal battle with Wadia over development rights to 450 acres of prime land in Malad.
The court was hearing an appeal filed by Ferani Hotels Private Ltd, a GL Raheja group firm, challenging an order dismissing its plea for removing Wadia as an administrator of EF Dinshaw's estates. Dinshaw was the owner of the disputed plot.
Ferani hotels had sought the appointment of a construction company to administer Dinshaw's estate.
The firm alleged that Wadia had defrauded the beneficiaries of EF Dinshaw's will by suppressing facts and usurping the late US national's estate.
A single judge bench of justice Roshan Dalvi, however, dismissed the firm's plea on December 15, 2010. Justice Dalvi concluded that the firm's plea was a rejoinder to a suit Wadia had filed against Raheja group.
Ferani Hotels has challenged justice Dalvi's order before a division bench and sought to produce 15 more documents supporting its case before the appellate bench.
During the course of the court hearing on Tuesday, Wadia's counsel pointed out that GL Raheja should depose before the court about these documents.
The division bench of justice DY Chandrachud and justice Amjad Sayed, however, said the court can appoint a commissioner to record his testimony as the courts were still tackling too many pending cases.
The court is likely to decide on the issue on Wednesday, when the case is posted for further hearing.