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Contempt plea alleges violation of HC order in Marina Manor case
Anamika Gharat | Dec 04, 2025, 04:00 IST
Petitioner tells court Marina Fernandes continues to deal with Bandstand bungalow despite having no legally recognised connection to the estate
The long-running Marina Manor property fraud case has taken a turn, with a contempt petition filed on behalf of the legal heir of the last lessee, Marie Fernandes, through her counsel, Advocate Sunita Banis. The petition alleges blatant violation of the Bombay High Court’s stay orders dated February 6, 2023, and April 3, 2023, in MPT No 118 of 2021.
During the latest hearing, the petitioner’s counsel informed the court that Marina Manuel Fernandes continued to deal with the Bandstand bungalow known as ‘Marina Manor’, despite having no legally recognised connection to the estate. The respondent denied all allegations and sought additional time to reply — a request that has remained pending since November 2024. The court has now directed her to file an affidavit-in-reply by December 3 (Wednesday), with the matter listed for final hearing on December 8 before Justice Sharmila U Deshmukh.
In its detailed order dated February 6, 2023, the high court stayed the 2017 probate granted to Marina Manuel Fernandes and restrained all proceedings before the deputy collector concerning the transfer of the property. The court observed that, under the will dated December 4, 1972, of Martha Eugénie Pereira, the aunt of Marie Fernandes, the bungalow was held only as a life-interest property. Upon the death of the life tenant, the property was to vest with the archdiocese of Bombay for charitable purposes — specifically for establishing a school or institution in memory of her husband Joseph Felix Pereira, in accordance with the testatrix’s wishes.
The applicant contended that the respondent concealed crucial facts from the court while obtaining probate and was attempting to transfer the government lease into her own name, in defiance of the stay orders.
Advocate Sunita Banis, in her contempt plea, alleged that Marina Fernandes blatantly disregarded the court’s orders by continuing to assert ownership and transacting with third parties for monetary gain. Banis claimed that Marina handed over possession of parts of the property to multiple individuals, resulting in overlapping claims and disputes. She further accused the respondent of deliberately delaying proceedings by frequently changing lawyers and seeking adjournments on flimsy grounds.
The legal heir asserted that the ongoing actions of Marina Fernandes and her associates constitute wilful disobedience of judicial orders and a misuse of the legal process. They urged the authorities and the court to take urgent steps to enforce the HC’s directions, prevent further unlawful dealings, and safeguard the rightful interests of the estate.
Social activist Melwyn Fernandes, who has been closely assisting the legal heir, stated, “It is truly disheartening that despite clear evidence of forgery and manipulation visible on the face of the record, the innocent and rightful heir continue to suffer through endless delays and procedural hurdles.”
The hearing on December 8 is expected to determine the court’s next course of action on the contempt plea, which could have major implications for the ongoing dispute over the iconic Bandstand property.
During the latest hearing, the petitioner’s counsel informed the court that Marina Manuel Fernandes continued to deal with the Bandstand bungalow known as ‘Marina Manor’, despite having no legally recognised connection to the estate. The respondent denied all allegations and sought additional time to reply — a request that has remained pending since November 2024. The court has now directed her to file an affidavit-in-reply by December 3 (Wednesday), with the matter listed for final hearing on December 8 before Justice Sharmila U Deshmukh.
In its detailed order dated February 6, 2023, the high court stayed the 2017 probate granted to Marina Manuel Fernandes and restrained all proceedings before the deputy collector concerning the transfer of the property. The court observed that, under the will dated December 4, 1972, of Martha Eugénie Pereira, the aunt of Marie Fernandes, the bungalow was held only as a life-interest property. Upon the death of the life tenant, the property was to vest with the archdiocese of Bombay for charitable purposes — specifically for establishing a school or institution in memory of her husband Joseph Felix Pereira, in accordance with the testatrix’s wishes.
The applicant contended that the respondent concealed crucial facts from the court while obtaining probate and was attempting to transfer the government lease into her own name, in defiance of the stay orders.
Advocate Sunita Banis, in her contempt plea, alleged that Marina Fernandes blatantly disregarded the court’s orders by continuing to assert ownership and transacting with third parties for monetary gain. Banis claimed that Marina handed over possession of parts of the property to multiple individuals, resulting in overlapping claims and disputes. She further accused the respondent of deliberately delaying proceedings by frequently changing lawyers and seeking adjournments on flimsy grounds.
The legal heir asserted that the ongoing actions of Marina Fernandes and her associates constitute wilful disobedience of judicial orders and a misuse of the legal process. They urged the authorities and the court to take urgent steps to enforce the HC’s directions, prevent further unlawful dealings, and safeguard the rightful interests of the estate.
Social activist Melwyn Fernandes, who has been closely assisting the legal heir, stated, “It is truly disheartening that despite clear evidence of forgery and manipulation visible on the face of the record, the innocent and rightful heir continue to suffer through endless delays and procedural hurdles.”
The hearing on December 8 is expected to determine the court’s next course of action on the contempt plea, which could have major implications for the ongoing dispute over the iconic Bandstand property.
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