The Bombay High Court today directed former Kuwaiti Consul General Faisal Essa Al-Yousuf Al-Essa to approach a lower court with a private complaint against an alleged usurper of a property owned by the royal family of Kuwait in Al-Sabah Court building in South Mumbai.
Essa, who has the administrative powers of the building owned by the royal family of Kuwait, had alleged that a tenant Sanjay Punamiya had forcefully occupied the 6800 square feet flat he was residing, by forging agreement.
Essa (83) had approached the high court seeking either CID or CBI inquiry into the matter after the Marine Drive police and crime branch department refused to lodge FIR.
Punamiya on the other hand claimed Essa had handed over the flat's tenancy to him in September 2012 for a rent of Rs 50,000 per month.
Punamiya had earlier lodged a complaint that Essa had threatened him at gunpoint.
Apart from seeking transfer of the investigation, Essa also sought quashing of the complaint filed against him claiming he has diplomatic immunity.
A division bench of Justices S C Dharmadhikari and Gautam Patel today directed Essa to file a private complaint before a magistrate court against Punamiya.
"If the magistrate court finds merit in your complaint then you can seek transfer of the investigation there," the court said.
The bench, meanwhile, admitted for final hearing the second petition filed by Essa seeking quashing of the complaint, to examine if criminal proceedings can be initiated in a civil dispute.
"Pending hearing of the petition, our order of July 31 granting interim relief of no coercive steps against the petitioner (Essa), will continue," the court said.
