IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1993 OF 2010 M/s Raja Construction Company & Ors. .... Petitioner Vs. Khar Meenakshi Co-op. Hsg. Society Ltd. .... Respondents Mr. Wasim Ansari h/f O.A. Siddiquie for petitioner. Mr. R.M. Haridas, Advocate for respondent. Mrs. A.S. Pai, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 5th July, 2011 P.C. 1. This writ petition seeks quashing of the proceedings in CC No. 1746/SS of 2004 pending in the Court of Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Mumbai, In the said proceedings, the petitioner is sought to be prosecuted under Section 13 of Maharashtra Ownership and Flat Act for not conveying the property to respondent no.1- Society 2. There is no dispute that the petitioners were duty bound in law to convey the property in the year 1978 and that they have not done so till date. Consequently the petitioners are liable under Section 13 of Maharashtra Ownership and Flat Act. 3. The learned counsel for the petitioners however submits that the act of the petitioners in not conveying the property to the respondent is not an intentional or deliberate act and it cannot be said to be without reasonable ground. He submits that the original owners of the property themselves have not conveyed the property to the petitioners till date. As the consequence, the petitioners are unable to convey the property to respondent No.1. It appears that the petitioners have filed the suit against the original owners for a mandatory injunction directing them to convey the property either to the petitioners or to respondent no.1. The summons in the suit have been served upon the original owner as well as respondent no. 1 herein, who is one of the defendant to the suit. None of the defendants have filed appearance in the suit and the suit has been adjourned as the hearing as undefended suit. The suit is relied upon by the petitioner was filed in the year 2005 i.e. 25 years after the liability arose. Hence it cannot come to the rescue of the petitioners. Since on a prima facie view the complaint filed discloses the offence alleged, there is no question of quashing of the proceedings. The petition is dismissed with costs quantified at Rs. 10,000/-. (Smt. R.P. SondurBaldota, J)