CBI opposes society petition on frozen bank accounts

A division bench of Justices Ranjana Desai and RV More was hearing the society petition challenging the freezing of its two accounts in the State Bank of India at Cuffe Parade and Wodehouse Road branches.

Senior counsel VA Thorat and lawyer Satish Maneshinde,who represented the society,told the court that pursuant to the FIR lodged by the CBI on January 29, the society had been embroiled in litigation in the High Court as well as the Inquiry Commission appointed by the state government. “As of today,the society is not guilty. The government is contesting the title of the land before the commission,” Thorat said,adding that it was the society’s right to defend itself and it had to pay the lawyers’ fees.

Additional solicitor general D J Khambata,however,retorted that the society accounts had been frozen since February,but the finest of lawyers were representing it before the High Court and the commission. “If lawyers have started appearing for free,it would be a very good thing,” Justice Desai said in a lighter vein. The scam-ridden Adarsh society is being defended by Thorat,Maneshinde and law firms Vidhi Partners and Naik & Naik Company in various cases before the HC and the inquiry commission.

Thorat argued that though the 31-storeyed residential tower was not occupied by any of its members,the society had to pay maintenance charges. “The premises require maintenance; they require security as the members apprehend that some unknown persons might trespass the premises,” he said.

He also said the lift at the building had to be kept functional or it would turn into “junk.” He said the CBI could not just let them use the accounts for paying maintenance charges and not for paying the lawyers’ fees. “We don’t mind the court monitoring the accounts,but the CBI cannot censor it in this manner.”

The case will be heard further on July 12.