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The society had sought defreezing of its two bank accounts with the State Bank of India to bear legal and day-to-day expenses. The accounts, which have around Rs 2 crore deposits, were frozen by the CBI soon after a case was registered by the agency in January. A division bench of justices Ranjana Desai and R V More reserved the petition for orders.
"There is a possibility that the money may have been acquired as benami. This money is linked to some offence which will have to be probed," said Additional Solicitor General Darius Khambatta, appearing for CBI. He, however, offered to consider the expenses if the society produced bills.
Senior counsel V A Thorat and advocate Satish Maneshinde, appearing for the society, argued that they have to pay approximately Rs 1.5 crore towards property tax to Brihanmumbai Municipal Corporation. "Apart from the daily expenditure towards maintenance of the building and security, the society also has to pay lawyers for several pending litigations," Thorat argued.
Opposing this, Khambatta said that the society could approach the state government, which could extend legal aid. "An accused has the right to be represented by a lawyer. The government would provide the same but then they cannot have the luxury of counsel of their choice. The society has been appointing the best lawyers so far," he said.
On his part, Thorat argued that the society is not an accused in the first information report lodged by CBI. "The FIR is only against 13 persons. Why should the entire society suffer," he asked.