Friday, January 1, 2021

Agri law details explained

 https://m.facebook.com/story.php?story_fbid=3594689273912024&id=100001129610994&sfnsn=scwspwa&funlid=Lu1b5CeDacPn6OFU


*MAIN ASPECTS OF FARMER LAWS AND WHY THEY ARE BEING DEMANDED TO BE REPEALED..A VERY THOROUGH ACADEMIC RESEARCH WORK (,2) OF NITYA LAW SOCIETY (NGO)...AN NGO FOUNDED BY ADV. CHARANJEET CHANDERPAL* 


 Section-7(2) of the Farmers (Empowerment and Protection) Act, 2020 specifically provides for unlimited storage of the essential commodities/farming produce. 


Section-2 of the Essential Commodities (Amendment) Act, 2020 specifically provides for extraordinary price rise and no regulation for stock limit for Big Corporates and exporters from production of any agricultural produce in the field to final consumption. 


Black Marketing and Hoarding means the unlimited storage coupled with uncontrolled extraordinary price rise. Therefore, the abovementioned Farmers Act, 2020 and the Essential Commodities (Amendment) Act, 2020 specifically provide for Black Marketing and Hoarding. 


Black Marketing and Hoarding is specifically prohibited under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and this Act has not been repealed so far. 


Likewise, Section-2(47)(v) of the Consumer Protection Act, 2019 specifically prohibits the Hoarding of goods and the definition of “goods” under Section-2(21) says that food grains and farming produce are included in the definition of “goods”. 


Similarly the National Food Security Act, 2013 prohibits the unlimited storage and extraordinary price rise to save the interests of eligible households of 75% of rural population and 50% of urban population. The said Act specifically provides for “Central Pool” of stock of food grains purchased at the “minimum support price” and delivered at the same price as maximum price as per Schedule-I of the National Food Security Act, 2013.


 It is respectfully submitted that the Constitution of India does not empower the Parliament and the Central Government to enact an Act and frame the rules thereunder to provide for the Black Marketing and Hoarding in the form of unlimited storage and extraordinary price rise at the hands of private big corporates and exporters in the domestic market. This is prohibited under Art-21 of the Constitution of India and it affects the rights of citizens under Art-14 and 19(1)(g) of the Constitution of India. 


The Essential Commodities (Amendment) Act, 2020 specifically says that the Government shall remain a silent spectator in the event of extraordinary price rise on account of unlimited storage by the black marketeers and hoarders in the clothing of “value chain participant” or exporters or processors. It further says that there shall not be an order for regulating stock limit and these people shall have free hand to any agricultural product “from production of any agricultural produce to final consumption, involving processing, packaging, storage, transport and distribution, where at each stage value is added to the product”. Surprisingly value is being added even for storing and transporting an agricultural produce.


It is common knowledge that the Big Corporate Purchasers  find ways to create shortage either by hoarding at the domestic level or exporting the maximum farming produce and thereafter they sell the same product at extraordinarily high prices and surprisingly the Essential Commodities (Amendment) Act, 2020 says that the Government shall keep its eyes closed and wait till there is “hundred per cent increase in the retail price of horticultural produce; or fifty per cent increase in the retail price of non-perishable agricultural foodstuffs” and the Government shall keep its eyes fully closed to any extraordinary price rise if the agricultural produce has been stored, transported, packaged, processed or distributed. The reasoning is that at each stage the value is added to the product. 


Rule-13 of the Farmers’ Produce Trade and Commerce Rules, 2020 provides for imposition of penalty on the farmers for recovery of the amount from Rs.50,000/- to Rs.10,00,000 and Rs.10,000/- for each day of contravention and FORM-3 under Rule-8(2) provides for Memorandum of Settlement in which the farmer can be divested of his land and produce both by the order of SDM likely to be playing at the hands of the Big Corporates for reasons known to everyone.


The bare perusal of the Farmers Acts ensures that a farmer shall not even get guaranteed minimum wages for working as a labourer and even working as a security guard of the agricultural area under contract farming.  A farmer shall not be guaranteed even the minimum expenses met by him for the seeds, fertilizers, water, electricity, and diesel and the farming services he would be providing to a Big Corporate trader. 


The Objects and Reasons of the Farmers Acts appear to benefit the bureaucrats and politicians through the big corporations in the States and at the Centre by way of funding to the political parties and no maximum limit is provided for the political funding and it is exempted from tax and the source of income is not to be disclosed. 


The Scheme of the Farmers Acts, 2020 and the Essential Commodities (Amendment) Act, 2020 are silent about the minimum and maximum price structure of the agricultural produce. As a result thereof the same agricultural produce like any pharmaceutical product shall be having higher and lower prices depending on the brand, whereas a farming produce should be sold at a price the way a generic drug is sold in the market at actual price to protect the masses from exploitation of the Big Corporates.  


If the Corporates are allowed to earn disproportionate profits from the sale of agricultural produce, there should be a mandatory clause in the agreement for contract farming for disbursement of proportionate profits to the farmers also in the form of equity shares of that company. The reason being that the Corporates at times shall be buying wheat at Re.1 per kg and cauliflower at Rs.5 per kg and they would be selling the same at the rate of Rs.50 per kg as and when the prices rise in the market. In the absence of any mandatory clause in this regard, a farmer shall not be getting any profit at all even though it is a Joint Venture of the farmer and the big corporate trader. 


The concept of Joint Venture Partnership between the farmers and the big corporates is already there in the Objects and Reasons of the Farmers (Empowerment and Protection) Act, 2020. Therefore, a farmer is entitled to a share in the mutually agreed remunerative price framework in a fair and transparent manner. 


The Farmers Acts, 2020 encourage formation of Cartels indulging in Hoarding and Black Marketing of the essential commodities by purchasing at dirt cheap rates and selling at skyrocketing prices.


Friday, April 12, 2019

Cheating Case filed Vs PNB & IOB in 2014 - Pending



IN THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE, 9TH COURT,
BANDRA, MUMBAI.

Criminal Complaint Case No. 265/SW/ 2014

1.    Indur Kartar Chhugani.                     )                     
R/o 501, 502 Pinky Panorama,                        )
6th Road, Khar (W),                                           )
Mumbai – 400 052.                                           )
Presently Residing at                                         )
C/o, Shri V.S. Pathare,                                      )
C 805, Sushila Baug,                                         )
S.V. Road, Santacruz (W),                                )
Mumbai – 400 054.                                )..Complainant no 1.

2.    Rekha Indur Chhugani.           )                     
R/o 501, 502 Pinky Panorama,                        )
6th Road, Khar (W),                                           )
Mumbai – 400 052.                                           )
Presently Residing at                                         )
C/o, Shri V.S. Pathare,                                      )
C 805, Sushila Baug,                                         )
S.V. Road, Santacruz (W),                                )
Mumbai – 400 054.                                ).. Complainant no 2.



3.    Sushil Indur Chhugani.                      )                     
R/o 501, 502 Pinky Panorama,                        )
6th Road, Khar (W),                                           )
Mumbai – 400 052.                                           )
Presently Residing at                                         )
C/o, Shri V.S. Pathare,                                      )
C 805, Sushila Baug,                                         )
S.V. Road, Santacruz (W),                                )
Mumbai – 400 054.                                ).. Complainant no 3.

                             V/S
1)        Punjab National Bank                            )
Through General Manager,                    )
11th Floor, Dalamal towers                     )
Nariman Point                                        )
 Mumbai – 400021                                  )

2)        Bharat Overseas Bank                            )
C/o Indian Overseas Bank,                    )
Through General Manager,                    )
           5th floor, Maker Towers,                       )
           Cuffe Parade, Colaba,                            )
Mumbai 400 005                                    )
                               
3)        Mr. Surinder Singh Kohli,                      )
Nidhvan Colony, Near Kaveri Vatika,  )
Nagla Tikona Raod, Aligarh.                )
                                                                     
4)        Mr. R. I. Sidhu,                                      )
At the material time was         
PNB,   General Manager,                       )
11th Floor, Dalamal towers                     )
Nariman Point                                        )
 Mumbai – 400021                                  )
Presently at
Sharul Techno-Financial Consultancy     )
Services Private Ltd., 489, Raj Guru         )
Street, Civil lines, Ludhiana – 141 001.   )

5)        Mr. G. Krishnamurthy,                             )
At the material time was                           )
Managing Director                                   )
Bharat Overseas Bank,                             )
22/26, K Dubash Marg,                            )
Kalaghoda, Fort,                                       )
Mumbai 40001                                         )
Presently at:
G.R. Thangamaligai and Co.,                     )
136, Usman Road, Chennai – 600 017.    )

6)        Shri. S. Parthasarathy,
At the material time was                           )
General Manager                                      )
Bharat Overseas Bank,                             )
22/26, K Dubash Marg,                            )
Kalaghoda, Fort,                                       )
Mumbai 40001                                         )
Presently at:
General Manager,                                    )
Indian Overseas Bank, Chennai.              )

7)        Mr. Alok Kulshreshtha,                            )
At the material time was                           )
Chief Manager of PNB                             )
Asset Recovery Branch                            )
265, Bazargate Street                                )
Mumbai 40001                                          )
Presently at                              
101, PNB Officers Flat,                     )
Silverline Apt. Military Road,                   )
Marol, Andheri (E),                                    )
Mumbai - 400059.                                      )

8)        Mr. Anil Bhan,
At the material time was         
PNB,   Asst General Manager,                )
11th Floor, Dalamal towers                      )
Nariman Point                                         )
Mumbai – 400021                                             )
Presently at           
General Manager,                                      )
Punjab National Bank,                                )
South West Delhi, Delhi.                            )

9)        Mr. R. Srinivasan,                                       )
At the material time was                           )
Senior Manager of PNB                           )
Asset Recovery Branch                            )
265, Bazargate Street                               )
Mumbai 40001                                         )
Presently at   
101, PNB Officers Flat, Silverline Apt.    )
Military Road, Marol, Andheri (E),          )
Mumbai - 400059.                            )

10)  Mr. Mihir Datta,                                          )
At the material time was                           )
Chief Manager                                          )
Bharat Overseas Bank,                             )
22/26, K Dubash Marg,                            )
Kalaghoda, Fort,                                       )
Mumbai 40001                                         )
Presently at:
R.C. Dutt Road, Near IOB Bank,             )
At Alkapuri                                        )
Vadodara – 391 005.                                  )

11)  Mr. R.K. Gupta,                                           )
At the material time was                           )
Asst. General Manager                             )
Bharat Overseas Bank,                             )
22/26, K Dubash Marg,                            )
Kalaghoda, Fort,                                       )
Mumbai 40001                                         )
Presently at:
A – 7, 302 Olive County, Sector 5,        )
Vasundhara, Ghaziabad (U.P)  201 012

12)  Mr Manoj Shah                                     )
At the material time was                       )
Law Officer                                           )
Indian Overseas Bank,                          )
           5th floor, E Maker Towers,                  )
           Cuffe Parade, Colaba,                           )
Mumbai 400 005                                   )
Presently at:                                           )
 1st floor, Sharad Shopping Centre,       )
Chinubhai Tower, Ashram Rd.,            )
Ahmedabad  – 380009                          )


13)  Mr S Umapthi                                       )
At the material time was                       )
Asst General Manager                          )
Indian Overseas Bank,                          )
          5th floor, E Maker Towers,                   )
           Cuffe Parade, Colaba,                          )
Mumbai 400 005                                  )
Presently at:                                          )
763, New Building Annexe,                 )
3rd Floor, Anna Salai                             )
Chennai  – 460 002                               )

14)  Mr Yogesh Sadhwani                           )
Senior Reporter                                    )
‘Mumbai Mirror’                                  )
Times of India Building,                       )
           D N Road,                                             )
           Mumbai 400 001                                    )…Accused

                                                    
                                                              

Complaint under Section 190 of the
Code of Criminal Procedure for
the offence Punishable
Under Sections 201, 383, 384, 385, 386, 387, 406, 409, 418, 420, 421, 466,  467, 468, 471, 474, 500, 504, 506 and 509 r/w 34, 109, 120B  of  I.P.C.
And Under Section 5(2) of the Prevention of Corruption Act
And Under Section 66E of the Information Technology Act.

MAY IT PLEASE YOUR HONOUR :
I, Indur Kartar Chhugani, age 66 years, Indian Inhabitant, do hereby state on solemn affirmation as under:
1)   Complainant No 2 Mrs Rekha Indur Chhugani age 56 is  my wife and Complainant No 3 Shri Sushil Indur Chhugani age 34 is my son.

2)   All the Accused have committed multiple frauds in a Criminal Conspiracy and committed breach of trust. Also the Accused have used as genuine, documents which they have earlier forged and fabricated regarding 2 flats and cheated the complainants by selling these 2 flats to complainants after suppressing the most important fact, that these flats were attached by a Court and thus caused a wrongful loss to the complainants, as the property has now been taken over by the same Court on 06.12.2013. Further the accused have destroyed all important documents in their possession to escape the consequenses of the criminal Acts committed by them. Also the accused have got a ‘paid news’ published in ‘Mumbai Mirror’, to defame the complainants. Complete details are in paras below.

3)    I my wife and my son are permanent residents of the above-mentioned address in the caption since last 9 years i.e since 27.2.2005 and had to move out on 06.12.2013 to the temporary C/o address as mentioned in the caption.  I further say that the Accused abovenamed are/were the concerned Officers of two Banks viz. Punjab National Bank and Bharat Overseas Bank Ltd., who were in service at the relevant time at Mumbai, that is in the year 2005 or so and presently they are at the concerned addresses as mentioned in the caption above.

4)    I lodged Complaint u/s 409, 418, 420, 421, 466, 467, 468, 471, 474, r/w 34 of Indian Penal Code with the Senior Inspector of Police, Khar Police Station on 08.02.2014, but they did not register the complaint. Thereafter I filed Complaint with Deputy Commissioner of Police on 20.02.2014. After I did not receive any response to my complaint to DCP, I filed Application on 27.03.2014 at the court of The Metropolitan Magistrate, 9th Court, Bandra for directions under Criminal Procedure Code 156(3).  The learned Magistrate passed order on 30.8.2014, inter alia directing me to file this Private complaint. Hereto attached is order of the Learned Magistrate as EXHIBIT A.

5)   In 2004 I was residing in flat 201 & 202 Pinky Panorama Cooperative Housing Society Ltd., 6th Road, Khar W. On account of my daughter’s marriage and other financial difficulties, I sold the flat to Mr. Manoj Jain and Mr. Pravin Jain. The deal took place in June 2004. However on account of my daughter’s marriage fixed for 21st August 2004, the possession of the said flats was given by me on or about 30th September 2004.

6)    While I was staying in my earlier flats, the Officers of the Punjab National Bank, (Accused Nos 7 Mr. Alok Kulshreshtha and Accused No 9 Mr. R. Srinivasan) and officers of Bharat Overseas Bank (Accused Nos 6 Mr S Parthasarthy, No 10 Mr Mihir Datta and No 11 Mr R K Gupta ) used to come to the Society in connection with the flat Nos 501 & 502 in the same building. These Accused (Accused Nos 7 Mr. Alok Kulshreshtha, No 9 Mr. R. Srinivasan, Nos 6 Mr S Parthasarthy, No 10 Mr Mihir Datta and No 11 Mr R K Gupta ) informed me that that these flats were mortgaged by Seema Investments Pvt Ltd., against loan given to Mr Rajkumar Basantani of Soundcraft Industries Ltd., and that they had initiated action for possession of the flats at a Magistrates court.

7)    I visited the offices of Accused No 1 Punjab National Bank in the month of September 2004, I met Accused Nos 7 Mr. Alok Kulshreshtha and Accused No 9 Mr. R. Srinivasan. They showed me “Memorandum of Equitable Mortgage” signed by Director of Seema Investments P Ltd., on Rs 25,000 stamp paper and the original Share Certificate of Flat 502, Pinky Panorama Co-operative Housing Society Ltd., On inquiring about loan amount given, I was told it was around Rs 30 lakhs.

8)    Also I visited office of Accused No 2 Bharat Overseas Bank, there I met Accused Nos 6 Mr S Parthasarthy, No 10 Mr Mihir Datta and No 11 Mr R K Gupta, they showed me ‘Letter of Hyphotection’ signed on Rs 2 Lacs Stamp Paper and another document “Memorandum of Deposit of Title Deeds” on Rs 50,000/- stamp paper, also shown was original Share Certificate of Flat 501, Pinky Panorama Co-operative Housing Society Ltd.,. On inquiring about loan amout given, I was told it was around Rs 22 lakhs.

9)    After both Accused Banks together had taken possession on 12.10.2004 through the Magistrate’s Court, of Flats 501, 502, Pinky Panorama Co-operative Housing Society Ltd., 6 th Road, Khar W, I met the Accused Nos 7 Mr. Alok Kulshreshtha and Accused No 9 Mr. R. Srinivasan of Punjab National Bank, who informed me that both Banks had formed Joint Asset Sale Committee (JAS Committee) to sell the 2 flats, as both flats had only one common entrance. The JAS Committee was headed by Punjab National Bank. I learnt that JAS Committee comprised of 3 Senior Officers of PNB i.e Accused Nos Accused Nos 7 Mr. Alok Kulshreshtha, No 8  Mr Anil Bhan and No 9 Mr. R. Srinivasan and 2 Senior Officer of Bharat Overseas Bank Ltd., i.e Accused Nos 10 Mr Mihir Datta and No 11 Mr R K Gupta.

10)          Finally in Mid January 2005,  I came to know that JAS Committeee of the 2 Banks have called for bids for flats on 15.2.2005 and will display flats to all those interested in buying these flats on 12.02.2005.

11)          On 12.02.2005, I visited for inspection Flats 501, 502, Pinky Panorama Co-operative Housing Society Ltd., 6th Road, Khar W, ( here after referred as the “Composite Flats” ). I met Accused Nos 9 Mr R Srinivasan and No 10 Mr Mihir Datta and other officers of the 2 Banks, as also numerous other potential buyers who came to see the flats. Accused Nos 9 Mr R Srinivasan and 10 Mr Mihir Datta distributed Tender terms to all potential buyers. Hereto attached is extract of Pinky Panorama Societys’s Visitors register, which shows signatures of 4 Bank Officers and some of the various potentional buyers who visited on 12.02.2005 and copy of Terms and Conditions of Tender distributed on 12.2.2005 as EXHIBIT B Colly.

12)           As per Tender terms, on 15.02.2005 before 5 pm I gave my offer for the said two flats 501, 502, Pinky Panorama CHS Ltd. This was accepted by the said JAS Committee with the approval of the then Chairman and General Manager of both the said Banks i.e Accused Nos 3 Mr Surinder Singh Kohli and No 4 Mr R. I. Sidhu of Punjab National Bank and Accused No 5 Mr. G. Krishnamurty and No 6  Mr S. Parthasarathy of Bharat Overseas Bank.

13)          On 18.02.2005 the bid offers for flats given by different buyers were opened by the aforesaid JAS Committee (present were Accused No 7 Mr Alok Kulshreshtha, No 8 Mr Anil Bhan, No 9 Mr R Srinivasan and No 11 Mr R K Gupta) of the Banks, wherein the highest bidder for Flat no. 501 was my wife viz. Mrs. Rekha Chhugani and for Flat no. 502 the highest bid was by me jointly with my son Mr. Sushil Chhugani. Accordingly the said JAS Committee retained the Bank draft of Rs. 5 lacs earnest money given by us alongwith the bid as per the terms of sale.  Our total bid was of Rs. 50,91,100/-.

a)     Mrs. Rekha Chhugani bid Rs 31,40,900/- for flat 501, at the rate Rs 5,500/ sq. ft.  (area of flat 641 sq. ft.) – Mortgaged to Bharat Overseas Bank
b)    Myself and my Son Sushil Chhugani bid 19,50,200/- for flat 502 at the rate Rs 5,500/- per sq.ft. (area 398 sq.ft.) - Mortgaged to Punjab National Bank.
c)     Bank Draft of Rs 5 lakhs having No. 089096 dt 15.2.2006 issued by Bank of Baroda was also given. 

Attached is copy of our bid offer for flats and copy of draft of Rs 5 Lacs purchased from Bank Of Baroda dated 15.2.2005 No 089096 payable to Accused No 1 viz Punjab National Bank and retained by the same Accused as EXHIBIT C  Colly

14)          On 21.02.2005 Accused Nos 10 Mr Mihir Datta and No 11 Mr R K Gupta, Senior Managers of Accused No 2 Bharat Overseas Bank demanded Rs 5 lacs extra payment for garage attached to flat 501, Pinky Panorama. I refused to pay extra Rs 5 lacs. I brought this to the notice of Accused No 8 Mr Anil Bhan, who was the senior most officer from Punjab National Bank of the JAS Committee. There after Accused No 8 Mr Anil Bhan consulted in my presence with Accused No 7 Mr Alok Kulshreshta. Then both these accused offered to sell flat 502 to me independently, to which I agreed.

15)          On 22.2.2005 the JAS Committee met and present were Accused Nos 7 Mr Alok Kulshreshta, No 8 Mr Anil Bhan, No 9 Mr R Shrinivasan of PNB and No 10 Mr Mihir Datta of Bharat Overseas Bank. After the meeting ended, Accused No 9 Mr R Srinivasan called me and altered the figures payable for flat no. 501 to the higher side and reduced it for Flat no. 502 to same extent and as such the total consideration in respect of both the flats remained the same that is the amount of Rs. 50,91,100/- lacs, as per original offer. This was done in hand writing by accused No 9 Mr R Srinivasan, on my copy of the bid offer.  [Copy of which is already attached as EXHIBIT C].

a)     Amount payable by Rekha Chhugani for flat 501 mortgaged to Bharat Overseas Bank was increased to Rs 32,86,100/-      ( on account of garage attached to flat 501).
b)    Amount payable by me and my Son Sushil Chhugani for flat 502, mortgaged to Punjab National Bank was reduced to Rs 18,05,000/-.
c)     The toal amount remained unchanged as per our bid Rs 50,91,100/-.

16)          Accused No 1 Punjab National Bank on 23.2.2005 sent a letter to Accused No 2 Bharat Overseas Bank to either accept the revised price worked out, from Mrs Rekha Chhugani for flat 501 Pinky Panorama Co-operative Housing Society Ltd., or the said Punjab National Bank will proceed to sell Flat no. 502, Pinky Panorama to me and my son Sushil, without interference of Bharat Overseas Bank and will handover the keys of the said composite flat to us. In response to the said letter of PNB dated 23.2.2005, the Accused No 10, Mr Mihir Datta of Bharat Overseas Bank immediately on 23.02.2005 faxed a letter to his Head Office, seeking immediate permission to sell the flat to the Chhugani’s. A copy of which letter dated 23.02.2005 by Accused No 10 to his head office is attached as EXHIBIT D.

17)           From RTI reply received by me on 30.6.2010, it is clear that Accused No 1 Punjab National Bank has destroyed copy of letter sent to Accused No 2 Bharat Overseas Bank on 23.2.2005 and also all records and deliberations of the Joint Asset Sale Committee are now destroyed. This act by Accused is punishabe under section 201 of the IPC. Attached is copy of RTI reply from PNB dated 30.06.2010 as EXHIBIT E

18)          As agreed upon on 22.02.2005, I alongwith my son Sushil on 24.02.2005 paid Rs. 13.05 lacs that is total amount of Rs. 18.05 lacs for flat 502 (i.e. inclusive of earlier earnest amount paid of Rs 5 lacs at the time of bid).  I further say that the said payment was made by bank drafts payable to PNB. Attached are copies of 3 drafts, Rs  10 lacs No 0891951 dated 23.02.2005, Rs 3 Lacs No 089150 dated 23.3.2005, and Rs 5000/- No 089160 dated 24.02.2005  as EXHIBIT F Colly.

19)          Further as agreed upon on 25.02.2005 my wife Mrs Rekha Chhugani paid bank draft of Rs. 32,86,100/- for flat no. 501. Pinky Panorama. Attached is copy of draft Purchased from Bank of Baroda dated 25.2.2005 No 089162 as EXHIBIT G

20)          After receipt of the entire amount for the said two flats, the keys and the physical possession of the said two flats were handed over to me and my family on Sunday 27.02.2005 by Mr. Mihir Datta (Accused No.10 ) who was an authorized Officer of the JAS Committee, and he requested us to await for 2 weeks for completion of the necessary paper work.

21)          I was put in possession of Flats 501, 502, Pinky  Panorama Co-operative Housing Society Ltd.,  by the Punjab National Bank and Bharat Overseas Bank, on Sunday the 27th February 2005, I say the said facts are recorded in my letter dated 28th February 2005 written to the Punjab National Bank. Also I and my wife informed the fact of our taking possession of above said flats to the Secretary and Chairman of the Pinky Panorama Co-operative Housing Society Ltd., vide letters dated 28th February 2005. Attached are copies of letters dated 28.2.2005 as EXHIBIT H Colly.

22)          For almost 9 years, between 27.02.2005 and 06.12.2013 I and my family were in exclusive use, occupation and possession of Flats 501, 502, Pinky Panorama Co-operative Housing Society Ltd., 6th Road, Khar W.  Attached are copies as mentioned below of documents as EXHIBIT I Colly

a)     Copies of Passports of Indur Chhugani and Rekha Chhugani   renewed on 07.07. 2013
b)    Copies of Adhar Cards  of Indur K Chhugani and Rekha I Chhugani
c)     Pinky Panorama Society receipts for payments made from Bank Account of Mrs Rekha Chhugani (flats remained in name of Seema Investments).
d)    Telephone Bills in name of Rekha Chhugani

23)          Accused No 12 Mr Manoj Shah is Law Officer and Accused No 13 Mr. S Umapathi is Asst General Manager of Indian Overseas Bank, which has taken over the Bharat Overseas Bank. These 2 Accused wrote to us abusive, threatening and defamatory letters, one in November 2010 and another on 07.04.2011, to our Address at Pinky Panorama CHS Ltd. In these letters the Bank officers accused us on running a flesh trade, in a most filthy language.  These acts by the accused are punishable under Sections 383, 384, 385, 386, 387, 500, 504, 506 and 509 of the IPC. Copies of the highly defamatory letter dated 07.04.2011 were also distributed to residents of the neighbouring buildings. Attached are copies as mentioned below of documents as EXHIBIT J Colly.

a.     Copy of letter dated nil received in 2010  from Manager (Law) of IOB Mr. Manoj Shah to Indur Chhugani, threatening to evict us in one week. Khar Police registered a only Non cognisable complaint.
b.     Mr Manoj Shah from Facebook Id http://www.facebook.com/manoj.shah.75641 sent threatening   messages Mrs Rekha Chhugani on Facebook.

c.      Copy of defamatory letter dated 07.04.2011 by AGM of IOB Mr. S Umapthi  to Indur Chhugani / Rekha  Chhugani,  accusing us of being pimp and prostitute and running flesh trade.  Khar Police Station delined to register FIR.

d.     Reply dated 18.12.2013 from Khar Police Station refusing to register FIR against Asst General Manager of Indian Overseas Bank.

24)          Accused No 14 Mr Yogesh Sadhwani, is a reporter of ‘Mumbai Mirror’ a leading newspaper in Mumbai. He has deliberately conspired with Accused No 12 Mr Manoj Shah and Accused No 13 Mr S Umapathi to publish on 23.11.2013 as ‘paid news’ the contents of the defamatory letter written by Accused No 13, to defame the complainants and consequently defamed us further. Mr Yogesh Sadhwani has taken photograph of me and my wife from my Facebook page without my consent and knowledge and misused the same, by reproducing it in the paid news report, thereby committing an offence under Section 66E of The Information Technology Act.

25)          After publication of this defamatory article by Accused No 14 in ‘Mumbai Mirror’ the life of my wife and my family has become miserable. Relatives and friends have been asking us and from our relatives about this article, even friends staying as far as Hong Kong or USA have read this article as the article remains on Internet edition of ‘Mumbai Mirror’ even today. This has caused and still causing mental torture, hardship, Annoyance and inconvenience. Complainants are defamed and suffering a lot which cannot be compensated in any terms. Attached herewith is a copy of the paid news published in ‘Mumbai Mirror’ on 23.11.2013 as EXHIBIT J2.

26)          Two days after Publication of the defamatory article on 23.11.2013 in ‘Mumbai Mirror’, on 25.11.2013 the Court passed order to surrender Flats 501, 502, Pinky Panorama CHS by 5.12.2013 to the MPID Court or be evicted forcibly by 06.12.2013. Thus we were forcibly evicted on 06.12.2013 and we suffered a wrongful loss of property sold to us by the JAS Committee of Accused No 1 and Accused No 2, who inspite of having received an Attachment order from the MPID Court on 12.02.2005 had suppressed this fact.

27)          We were residing in flats from 27.02.2005, on 20.03.2005, some Police Officer claiming to be from a court had visited the Pinky Panorama building in connection with another flat 701 Pinky Panorama, he informed me, that these flats 501, 502 Pinky Panorama were attached by a court on 19.01.2005 and Notices were served to Punjab National Bank and Bharat Overseas Bank on 12.2.2005 to appear in court on 14.2.2005.  

a)     On 05.03.2013 I received under the RTI Act, copies of this notice dated 12.2.2005 from Economic Offences wing of Mumbai Police, accepted on 12.02.2005 by Accused No 1 Punjab National Bank and Accused No 2 Bharat Overseas Bank,.  Attached are copies of Notice received by Banks on 12.2.2005 as EXHIBIT K Colly. Immediately on 06.03.2013 I consulted a legal expert and I came to know, that I and my family have been cheated by the Accused Banks.


28)          It is crystal clear that the accused have entered into a criminal conspiracy and have forged and fabricated documents and used such forged and fabricated documents as genuine, connected with mortgage of Flats 501, 502, Pinky Panorama Co-operative Housing Society Ltd., before different Courts and the Debt recovery Tribunal (DRT)
a)      Before Recovery Officer at DRT 1, in Recovery Proceedings 7 of 2006 initiated by accused No 2 Bharat Overseas Bank against borrower.
b)    Before Presiding Officer of DRT 1 in OA No 17 of 2005 filed by Accused No 1 Punjab National Bank against borrower Shri Rajkumar Basantani.

29)           I had filed Application on 11.10.2010 with the Chairman of DRAT, who had called for explanation from the Recovery Officer, in Recovery Proceedings 7 of 2006, who in turn stated that he had no power to take action against the accused and states “The Applicant be directed to initiate action against Bank Officer under Indian Penal Code before approptiate forum”. Final ruling from the Chairman of DRAT is still awaited. Attached is copy of reply of Recovery Officer to Chairman of DRAT dated 15.10.2010 as EXHIBIT L  received by complainant on 12.01.2011.

30)           From Copy of notice received by Accused No 1 Punjab National Bank and Accused No 2 Bharat Overseas Bank, it is clear that on 12.02.2005, the said two Accused Banks, had received an attachment notice in their offices, from the Special MPID Court for the aforesaid two flats wherein they were directed to remain present before the said Special MPID Court on 14.02.2005 in order to give an explanation and raise objections if any, as to why the said two flats should not be attached under Section 8 of the Maharashtra Protection of Investors and Depositors Act 1999 ( MPID Act).

31)            From Roznama and other documents, I came to know that on 14.02.2005 the said two Accused Banks through their respective representatives Accused No 9 Mr R Srinivasan and Accused No 10 Mr Mihir Datta appeared before the MPID Court and sought time to file their reply/objection to the notice received by them on 12.02.2005 and it is pertinent to note that they with a fraudulent and malicious intention did not disclose to the said MPID Court that they have formed a JAS Committee as the two flats were conjoined into a single flat and had a single entrance or about distribution of tender forms on 12.2.2005 and / or calling quotations for the said flats on 15.2.2005, i.e. the very next day.

32)          It is evident that Accused No 1 Punjab National Bank and Accused No 2 Bharat Overseas Bank, Accused No 9 Mr R Srinivasan and Accused No 10 Mr Mihir Datta conspired with each other to defraud me as well as misguide the MPID Court. Therefore provision of Section 120B of the IPC is applicable.

33)              At the same time, the Accused persons deliberately, mishievously and fraudulent intention suppressed this fact from me and my family, for which I approach this Hon’ble court for redressal. I further say that on 15.02.2005 the quotations given by different buyers for the said two flats were accepted by the said JAS Committee with the then approval of the Chairman and General Manager of both the said Accused Banks.

34)          On 10.05.2010, I received certified copies of Applications filed at MPID Court on 25.02.2005, by Accused No 1 Punjab National Bank bearing M.A. No 116 of 2005 signed by Power of Attorney Accused No 9 Mr R Srinivasan and Application filed by Accused No 2 Bharat Overseas Bank bearing M.A. No 146 of 2005 signed by Power of Attorney Accused No 10 Mr Mihir Datta.  Significantly all the accused in both Applications 116/2005 and 146/2005 had not informed the MPID Court about formation of JAS Committee of the 2 banks in October 2004, or fact of having sold to me and my family the composite flat 501, 502, Pinky Panorama CHS after calling of Tenders on 15.2.2005 and collecting full payment of Rs 50,91,100/- from me and my family. Attached are copies of M.A. 116 of 2005 of Punjab National Bank and M.A. 146 of 2005 of Bharat Overseas Bank filed on 25.2.2005 as EXHIBIT M Colly. 

35)           In the present case, the Accused Nos 3 to 11 abused their position in 1998 as public servants had caused wrongful gain to borrower and wrongful gain to themselves, which acts are punishable under the Prevention of Corruption Act. The accused had entered into a criminal conspiracy and have forged and fabricated documents and used them as genuine in courts. Thereafter the Accused in order to save themselves from being prosecuted sold the property to the complainants, same poperty whose documents they had fabricated.

36)           The Accused Nos 3 to 11 inspite of having already received Attachment Notice from the MPID Court on 12.2.2005, suppressed this most important information.  The Accused were keen to close the case of Mortgage, which involved forged and fabricated documents, by selling the property fast. This resulted in wrongful loss to the complainants and wrongful gain to the accused of having escaped prosecution.

Tulsi Ram vs State Of U. P on 27 September, 1962 Equivalent citations: 1963 AIR 666, 1963 SCR Supl. (1) 382 :  It is not  necessary to  prove  both wrongful gain and wrongful loss.  Wrongful gain and wrongful loss were two facets of the definition of dishonesty and it is enough to establish the existence of one of  them.

37)           From certified copies of applications received on 10.05.2010 I was shocked to discover that the Punjab National Bank in M.A. 116 of 2005 has stated outstanding loan is Rs 7,30,71,948/- to Soundcraft Industries Ltd.,        (Rupees Seven Crores Thirty Lakhs Seventy one Thousand Nine hundred and Forty eight ) against mortgaged flat 502, Pinky Panorama, which was only 398 Sq. ft. And Bharat Overseas Bank outstanding loan was Rs 2,02,02,110/- ( Rupees Two Crores Two Lakhs Two Thousand One hundred and Ten ) against flat 501, Pinky Panorama, which was only 641 Sq. ft.

38)          These Accused have wilfully and deliberately suppressed the true facts with a view to induce me to pay Rs 50,91,100/- and later through certified documents received in 2010 , I learnt the main purpose for these Accused to sell the composite flats as fast as possible, was to suppress their own misdeeds and actions of having fabricated and forged documents way back in 1998 concerning mortgage of the same 2 flats. This makes it crystal clear, that all the Accused have conspired with each other, fabricated and forged documents and used such forged and fabricated documents as genuine, with the intention to make wrongful gain and committed fraud and forgery. The accused are guilty under Sections 201, 383, 384, 385, 386, 387, 406, 409, 418, 420, 421, 466,  467, 468, 471, 474, 500, 504, 506 and 509 r/w 34, 109, 120B of  I.P.C. and Section 5(2) of the Prevention of Corruption Act

39)          All the Accused Nos 1 to 13 have caused a wrongful loss to me as I have lost the property to which I am legally entitled. Me and my family were forcibly evicted from the flats on 06.12.2013, on account of the Attachment order of the MPID Court passed on 19.1.2005 which is still Applicable. I and my family are without a roof since we own no other property and I aged 66 years, humbly approach this Hon’ble Court for speedy redressal.

40)          From certified document received on 10.5.2010 from MPID Court, it is found Accused officers of Bharat Overseas Bank in 1998 had got false valuation reports from M/s Anmol Sekhri & Associates for flat 501, Pinky Panorama, showing area of flat as 1700 sq.ft (actual carpet area is 641 sq.ft. ) false value of flat is shown as Rs 2.04 crores. Also the ‘No objection letter’ to create mortgage of the Pinky Panorama Co-operative Housing Society Ltd., was forged and kept in Bank records. Attached are  copies of  2 fabricated Valuation reports by Anmol Sekhri & Associates dated 18.3.1998  and 24.07.2002 and copy of forged NOC letter of Pinky Panorama Society dated nil as EXHIBIT N Colly.

41)          From certified documents received on 31.10.2014 from DRT, I discovered Accused officers of Punjab National Bank in 1998 had also got false valuation report for flat 502, Pinky Panorama, from Ms Anmol Sekhri & Associates showing area of flat as 1700 sq.ft (actual carpet area is 398 sqft) false value of flat shown is Rs 2.04 crores. Also the ‘No objection letter’ to create mortgage of the Pinky Panorama Co-operative Housing Society Ltd., confirming area of Flat as 1700 sq.ft. was forged.  Attached is copy of sanction letter date 02.09.98 , stating assessed value of flat 502 as Rs 2.04 crores, forged letter of Pinky Panorama Society dated 9.9.1998 wrongfully confirming area of flat as 1700 sq.ft. is attached as  EXHIBIT O Colly .

42)          The Accused have forged and fabricated documents, which are in the nature of a title deed and therefore aggravated offence and thereby caused a wrongful loss to me and wrongful gain to them, as I have lost the property to which I am legally entitled.


43)          Further I have discovered the Accused Officers of Punjab National Bank on 31.1.2003 enhanced the sanctioned loan to Soundcraft Industries Ltd., from Rs 3.5 Crores to Rs 10 Crores and took the same Flat 502, Pinky Panorama    (398 Sq.ft) as ‘Additional Security’ for the additional Rs 6.5 crores sanctioned. This fraudulent enhancement to Rs 10 Crores was cleared by Accused No 3  Mr. Surinder Singh Kohli and Accused No 4 Mr R I Sidhu. This Act is clearly punishable under the Prevention of Corruption Act. Attached is copy of ‘Letter of Continuity’ on Rs 9.5 lakhs Stamp paper received from DRT Court received on 31.10.2014 as EXHIBIT P.
      
44)          I have received letter/Certificte on 22.3.2011 from Mr Amarlal Rohra, Secretary of Pinky Panorama co-operative Housing Society Ltd., this letter states that no permission was ever given to any Bank, to create a mortgage of the flats 501 and 502. Attached is copy of the said letter dated 22.3.2011 EXHIBIT Q. This mortgage of flat 501 and 502 is not even recorded in the records of Pinky Panorama Co-operative Housing Society Ltd., as per procedure laid down in the Maharashtra Co-operative Act.

45)           Also I received a letter written by Accused No 7 Mr Alok Kulshreshtha, to the Secretary, Pinky Panorama on 05.09.2004 desiring a copy of map/plan of flat 501, 502 specifying the area of the flats. It is clear that the Accused No 7 was aware, that in 1998 while taking the flats in mortgage, all the Accused together had fabricated and forged Map/plan of Flats 501, 502, Pinky Panorama, showing each flat as 1700 Sq.ft. and now in 2004/2005 for selling the same flats wanted the correct plan from the Society. Attached is copy of the said letter dated 05.09.2004 by Accused No 7 and correct copy of floor Plan of the flats (received from Society), showing flat 501 is 641 sq.ft. and flat 502 is 398 sq.ft as EXHIBIT R Colly

46)          It is noteworthy, that while the accused had obtained false valuation reports of flats 501 and 502, Pinky Panorama at Rs 2.04 crores EACH, which means total of Rs 4.08 crores in 1998 for these 2 Joint flats. These Accused after getting fresh valuation reports, had fixed reserve price of the same 2 flats in 2005 at Rs 60 lakhs only. [refer Terms and Conditions of Tender EXHIBIT B].

47)          The accused have used as genuine these forged and fabricated documents in various courts and have misled the different courts.

48)          The Accused were very keen to bring the matter of mortgage and sale of these flats to a close as early as possible, to save themselves from being exposed about the Criminal Acts committed in 1998 while taking the same flats in mortgage, which has resulted in a wrongful loss to me and my family as we have lost flats which we are legally entitled to and for which flats, we have paid Rs 50,91,100/- in 2005.

49)          Because of the order of Attachment passed on 19.1.2005 which is still effective, the M.P.I.D Court passed order on 25.11.2013 for our eviction from the Composite flat, I , my wife Rekha and my son Sushil have been forcibly dispossessed from the said Flat no. 501 and 502 Pinky Panorama CHS on 06.12.2013.

50)           The members of the aforesaid JAS Committee willfully, knowingly and intentionally and with approval of the Chairman and the General Manager of both the Banks have fraudulently, intentionally sold the aforesaid two flats inspite of they being aware of the actual position about attachment order dated 19.1.2005 of the MPID Court by which the flats had been attached and have purposely caused wrongful loss as I have lost the property to which I am legally entitled.  I further say that the said two flats were attached by the MPID Court on 19.1.2005 and till date the said attachment continues.

51)          The Bank authorities have also caused me harm by going one step further that is by producing a fabricated and forged letter dated 25.02.2005 in the proceedings before the MPID Court.

52)          Further the letter dated, 25.02.2005 fabricated and forged by Accused No 9 Mr R Srinivasan, is allegedly shown as posted to me at a wrong address on 3.3.2005 and the same letter was further forged later by adding three lines in hand writing of Mr. R. Srinivasan (Accused no 9 ) of Punjab National Bank. Added are words “P.S. C/C ZO/Mumbai (SAMD) :- It has been informed in the meeting in the 18.2.2005 meeting to Mr. I K Chhugani that the amount quoted is not acceptable as it is much below reserve price orally- Sd/-“.
Attached is copy of forged letter dated 25.2.2005 as produced in courts by Accused No 1 Punjab National Bank and then the same letter forged further as received under the RTI Act and confirmation under the RTI Act on 26.06.2010, that this hand written note was added by Accused No 9 Mr R Shrinivasan as EXHIBIT S Colly.

53)           The Bank authorities have purposely played with my feelings and have purposely hidden most important facts, Accused No 9 Mr R Srinivasan had forged the said letter dated 25.02.2005 and the said letter is produced before the MPID Court and the Hon’ble High Court, only to mislead the said Courts.

54)          Accused Nos 3 to 13 are Government servants in view of the fact that Accused No 1 Punjab National Bank and Accused No 2 Bharat Overseas Bank are Nationalised Banks and Government of India undertakings, hence Prevention of Corruption Act applies.

55)          All the aforesaid Accused persons have conspired together to cheat me and my family members, due to which irreparable loss is caused to me both financially and mentally and my reputation is irreparably tarnished.  I do charge them for offences Under Sections 201, 383, 384, 385, 386, 387, 406, 409, 418, 420, 421, 466,  467, 468, 471, 474, 500, 504, 506 and 509 r/w 34, 109, 120B of  I.P.C. and Section 5(2) of the Prevention of Corruption Act and other relevant provisions of law.

56)           The Accused have caused to me and my family (my wife and son) to pay for flats which were attached by the MPID Court on 19.1.2005 and continue to be attached till today and thus committed breach of trust and fraud.  I further say that the above offences are distinct offences committed by the accused persons abovenamed in connection with Flat nos. 501 and 502 Pinky Panaroama, not only this but they have also mislead the Courts.

57)          The abovesaid Accused Banks and its Officers are having joint hand in this crime and they have committed serious offences due to which I and my family are without a roof, they have committed offences u/s Under Sections 201, 383, 384, 385, 386, 387, 406, 409, 418, 420, 421, 466,  467, 468, 471, 474, 500, 504, 506 and 509 r/w 34, 109, 120B of  I.P.C. and Section 5(2) of the Prevention of Corruption Act and they are liable to be prosecuted and punished.

58)            Under the aforesaid circumstances I am filing this complaint against the abovenamed accused Banks and its Officers because they have committed serious offences as stated above and are punishable under the above said sections of the IPC and Prevention of Corruption Act.

59)           From Facts detailed above, it is very clear that Mrs Seema Basantani the Managing Director of M/s Seema Investments Pvt Ltd., who as Guarantor, mortgaged the 2 flats, borrower Mr Rajkumar Basantani of Soundcraft Industries Ltd., who was the beneficiery of huge loans and the valuer Mr Anmol Sekhri who provided fabricated valuation reports of the 2 flats owned by M/s Seema Investments P Ltd., to Accused No 1 Punjab National Bank and Accused No 2 Bharat Overseas Bank,  were also involved in the conspiracy of creating forged and fabricated documents.

60)          The complainant has filed separate list of document and list of witnesses, on which reliance will be placed. And crave leave to call other witnesses and produce further documents if required, with the leave of the Court.

61)            Compensation of Rs 100 Crores, in view of wrongful loss suffered by complainants on account fabrication of documents and forgery committed by accused and writing defamatory latter and thereafter getting defamatory paid news published in ‘Mumbai Mirror’ on 23.11.2013.

a.    Hon’ble High Court (DB) in First Appeal (civil) No 1811 of 2011 in the case of defamation of former Judge Shri P. Sawant upheld the order granting compensation of Rs 100 crores. Therefore in view of the above said ratio and in view of provisions of Artcle 14 of the constitution of India, the complainants are entitled to at least Rs 100 crores U/s 357(3) of Criminal procedure code. Attached herewith is order of the Bombay High Court dated 16.1.2012 allowing Bennet Coleman and Company (owners of Mumbai Mirror) to deposit security of Rs 100 crores as EXHIBIT T.

62)          Complainant will rely upon various Judgements, including the following of the Supreme Court,                
   (A) CRIMINAL APPEAL NO.1580 OF 2013 C.B.I vs Jagjit Singh on 1 October, 2013 –
   (B) CRIMINAL APPEAL Nos.1080-1085 OF 2009 C.B.I vs A. Ravishankar Prasad & Ors on 15 May, 2009
   (C) Order passed by Civil Court, Pune granting compensation of Rs 100 crores for defamation to former Judge Shri P Sawant.

63)          As the cause of action is within Khar Police Station, which is in the Jurisdiction of this court, this Hon’ble Court has the jurisdiction to entertain the present complaint This Hon’ble court is empowered to take cognisance of the offence committed by the Accused.




64)           THE COMPLAINANTS THEREFORE PRAY  THAT:

a)   The Accused may kindly be dealt with in Accordance with law for having committed offence under Sections 201, 383, 384, 385, 386, 387, 406, 409, 418, 420, 421, 466,  467, 468, 471, 474, 500, 504, 506 and 509 r/w 34, 109, 120B of  I.P.C. and Section 5(2) of the Prevention of Corruption Act.

b)    That all the accused be charged of having committed offence punishable under sections 201, 383, 384, 385, 386, 387, 406, 409, 418, 420, 421, 466,  467, 468, 471, 474, 500, 504, 506 and 509 r/w 34, 109, 120B of  I.P.C. and Section 5(2) of the Prevention of Corruption Act and punished accordingly and made to suffer maximum punishment.

c)    That accused No 14, Mr Yogesh Sadhwani in addition to the above sections, be punished under Section 66E of the Information Technology Act.

d)   To grant compensation of Rs. 100 Crores to the Complainants as per the provision of section 357(3) of Cr. P.C by ordering such amount to be paid by the accused, for having caused wrongful loss, making such false, baseless, wild and defamatory allegations against the complainants which has defamed the family’s image in the society and in general public.

e)    For other and further orders as this Hon’ble court may deem fit and proper.
AND FOR THIS ACT OF KINDNESS THE COMPLAINANTS ABOVENAMED SHALL EVER PRAY AS DUTY BOUND.

MUMBAI.                                    Indur K Chhugani
DATED : 03.11.2014.                    Complainant No 1.

Rekha I Chhugani
Complainant No 2.

Sushil I Chhugani
Complainant No 3.

VERIFICATION
I, MR. INDUR KARTAR CHHUGANI, aged 66 years, Indian Inhabitant, Occ : Retired, residing at C/o Shri. V.S. Pathare, C 805, Sushila Baug, S.V. Road, Santacruz (W), Mumbai – 400 054, the Complainant herein above, do hereby state on solemn affirmation that whatever is stated in the foregoing paragraphs of the Complaint is true and correct to the best of my knowledge and the statements made therein are based on the documents and I believe the same are true and correct.

Solemnly affirmed at Mumbai.
Dated this 3rd  day of November 2014.           Complainant No 1.


                                                                                       Before me.



IN THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE, 9TH COURT,
BANDRA, MUMBAI.
Criminal Complaint Case No. 265/SW/ 2014
Indur Kartar Chhugani.                 …. Complainant No 1
V/s
Punjab National Bank & Othrs        …. Accused
               
        List of My Witnesses :

1)  Mr Sushil Chhugani

2)  Mrs Rekha Chhugani

3)  Mr Amar Rohira, Secretary of Pinky Panorama Co-operative Housing Society Ltd, 6th Road, Khar.

4)  Mr R Srinivasan – Accused no 9.

5)  Mr Kishore Vidhani


       List of Documents to be relied upon :

1)  Tender/terms document, Offer to Banks, Receipts for drafts, letters to Bank, Letters to Pinky Panorama CHS.

2)  Copy of M.A. No 116 of 2005 by Respondent no 1.

3)  Copy of M.A. no 146 of 2005 by Respondent No 2.

4)  Copy of forged and fabricated documents submitted by Accused in various courts.

5)  Letter of Continuity dated 1.2.2003 for enhancement of loan from Rs 3.5 crores to 10 crores by PNB.

6)  Letter by Respondent No 7 to Respondent No 4,

7)  Letter by Respondent no 10 to head office at Chennai.

8)  Letter sent to Punjab National Bank on 28.2.2005.

9)  Letter sent to Secretary, Pinky Panorama Cooperative Housing Society on 298.2.2005

10)      Forged letter dated 25.2.2005 and further forged same letter dated 25.2.2005 by Respondent No 9

11)      Affidavit dated 25.4.2005 by Respondent No 10.

12)      Affidavit copy by Shri Bhagat Kolee.

13)      Replies under RTI received from various authorities.

14)      All documents shown as EXHIBITS.

Any other, witness/witnesses and/or documents to be relied upon and produce with the permission of this Hon’ble Court.















IN THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE, 9TH COURT,
BANDRA, MUMBAI.

Criminal Complaint Case No. 265/SW/ 2014
Indur Kartar Chhugani & Othrs                              …Complainants
                                    V/S
Punjab National Bank  & Othrs                            … Accused

INDEX
Sr. No.
Particulars
Pages

1.       

Complaint
List of Witnesses and Documents
1-32

33-34
EXH A
Order Of Magistrate dt 30.08.2014

35-36
EXH B
Colly
Extract of Society’s Visitors Register
Terms and conditions of Tender

37-40
42-42
EXH C Colly
Our Bid dated 15.2.2005 plus copy of Rs 5 lac Bank draft from Bank Of Baroda payable to PNB


43-44
EXH D
Letter dated 23.2.2005 by accused No 10 to his Bank Head Office – seeking permission to sell flat 501 without any delay.


45
EXH E
RTI reply dt 30.6.2010 from Accused No 1, indicating destroying of documents about JAS Committee of 2 Banks


46
EXH F  colly
Copies of 3 Bank drafts total Rs 13.05 lacs for flat 502, paid on 24.2.2005


47-49
EXH G Colly
Copy  of one draft total Rs 32,86,100/- for flat 501, paid on 25.2.2005


50
EXH H
Colly
Letters dated 28.2.2005, to Punjab National Bank and Secretary of Pinky Panorama Society


51-53
EXH I
Colly
Numerous Documents proving complainant was residing in Flats 501- 502 from 2005 to 2013

Passports renewed on .07.07.2013
Copies Of Adhar Cards
Pinky Panorama CHS receipts for payments made

Telephone bills in name of Rekha Chhugani

54-63
EXH J
Colly





J-2
Threatening letter from Law Officer of IOB

Copy of defamatory letter received on 07.04.2011 from IOB Asst General Manager.

Refusal of Khar Police to Register FIR.

Copy of article published in ‘Mumbai Mirror’


64
65-66


67

68-70
EXH K  Colly
Notices received by the 2 Banks on 12.2.2005 about Attachment order of MPID Court


71-74
EXH L
Reply by Recovery Officer to Chairman of DRT dated 15.10.2010 – Applicant directed to take action under IPC at appropriate forum.


75
EXH M Colly
Applications M.A. 116/2005 and M.A. 146/2005 filed by Banks at MPID Court on 25.2.2005

76-85

EXH N
Colly
Bharat Overseas Bank - Fabricated 2 Valuation reports by Anmol Sekhri Associates  in 1998 and 2002 – Showing areas as 1700 sq.ft of  flat plus forged NOC of Pinky Panorama CHS.


86-90
EXH O
Colly
PNB santion letter showing flat 502 as valued at
Rs 2.04 crore (received from DRT on 31.10.2014)
Forged and Fabricated NOC letter of Pinky Panorama CHS for Flat 502 confirming area as 1700 sq.ft. – Fabricated by PNB.

91-94


95
EXH P
Continuity letter - PNB enhanced loan from Rs 3.5 Crores to Rs 10 Crores against same flat 502 as Addl Security. Actual area of flat is only 398 sq.ft.


96
EXH Q
Certificate from Secretary Pinky Panorama CHS regarding NOT ever allowing any Bank to accept mortgage of Flat 501, 502.                               


97
EXH R
Colly
Letter by Accused No 10 to Secretary Pinky Panorama CHS, for Plan of flat 501, 502 and Plan copy - proving area is 641 and 398 sq.ft.

98-99
EXH S
Colly
Forged and Fabricated letter dated 25.2.2005 by Accused No 9 and same letter forged further again and RTI reply  dated 26.06.2006 confirming forgery done again by Accused No 9
100-102
EXH T
Bombay High Court order of Rs 100 Crores security by Bennet Coleman and Company.

103-114


Last Page


114



Complainant

IN THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
9TH COURT,
BANDRA, MUMBAI.

C.C. NO. 265/SW/ 2014

Indur Kartar Chhugani & othrs                 …. Complainants
V/s
Punjab National Bank & Othrs        …. Respondents


Dated 03.11.2014


Complainant:
INDUR KARTAR CHHUGANI residing at
C/o  Shri. V.S. Pathare,
C 805, Sushila Baug, S.V. Road, Santacruz (W),
Mumbai – 400 054.

Mobile : 98201 71571