Hi,
I have sent identical letters, to
1. The President of India
2. Chief Justice of India
3. Prime Minister of India
4 Law Minister
Reproduced one letter below:
From,
Indur K Chhugani,
C/o Shri V S Pathare,
C- 805, Sushila Baug Society,
53 A S V Road, Santa Cruz W,
Mumbai 400 054
Dt. 25th August 2014
To,
Shri Pranab Mukherjee,
The President of India,
Rashtrapati Bhavan,
New Delhi, India – 110 004
Subject :
How Judges of the Supreme Court and Bombay High Court, connived and passed perverse orders, to help corrupt Judge Shri V L Achilya become a High Court Judge on 18.10.2013 and immediately next day on 19.10.2013, supporting MPID Court Judge passed orders for eviction of undersigned aged 66 from flat, which for he has paid Rs 51 lakhs to Banks in 2005. Presently homeless in Mumbai.
Judges Involved :
Justice Shri T S Thakur and Justice Smt Gyansudha Mishra of the Supreme Court, Justice Shri A M Khawilkar and Justice Shri A R Joshi of the Bombay High Court.
Respected Sir,
I the Petitioner not being an Advocate, am disclosing below to the best of my ability, what each of these Judges have done wrong and deliberately passed orders, which defy human intelligence.
Shri V L Achilya as MPID Judge in 2005
As MPID Court Judge in March 2005, Judge Shri V L Achilya had ordered an FIR against me for breaking seal of court put on property, when there was no order ever passed to seal the flat and the flat was never sealed. Property was sold to me by Joint Asset Sale Committee of 2 Banks and no action was taken against officers of the 2 Banks for selling property which was subject matter of attachment by the court. Bank Applications filed on 25.2.2005 for lifting attachment, as the property does not come under the MPID Act are not heard till today. Amount paid Rs 51 lakhs in 2005 remain with the Banks even today.
This FIR was filed 24.3.2005 for trespass at Khar Police Station and CR 103/2005 registered, I was arrested and remained in Police custody for 5 days, thereafter till today (after over 9 years) there is no progress of trial by Magistrate’s court at Bandra, Mumbai.
On 4.5.2005 I had filed a Complaint with DGP Maharashtra about an Agent Manish Agrawal - mobile 09826022552 of the MPID Sessions Judge Shri V L Achilya, - negotiating on mobile Phone from the Court corridor - for bail of an accused Director Of Soundcraft Industries Ltd., (Rs 1000 Crore fraud case) with MD of the company who had fled from India to New York.
The DGP forwarded this complaint to the Commissioner of Police - Inquiry was conducted in 2005, however I have been unable to get a copy of the Inquiry report till today, inspite of 2nd Appeal to Information Commissioner under the RTI Act and then Me and my wife filed Criminal Writ Petitions 3 times, in 2008 (WRIT PETITION NO. 1246 OF
The next Judge of the MPID court heard my case and discharged me of the Act of breaking seal of Court on 30.1.2006. The MPID Court Judge however had no power to withdraw the FIR.
Judge Shri A M Khanwilkar and Judge Shri A R Joshi of the Bombay High Court passed perverse order on 27.9.2012.
In October 2005, I had filed Criminal Writ Petition 2414/2005 for cancellation of FIR filed against me on 24.3.2005 and Punjab National Bank had filed Criminal Appeal 688/2006, challenging the MPID court order of 30.1.2006, discharging me of the act of breaking court seal. Both these were heard by the 2 Judges together and they passed order on 27.9.2012 dismising CrWP 2414/2005 and allowing Appeal of PNB. These ‘Hon’ble’ Judges shockingly concluded in para 12-13, that “Chhugani had filed Writ Petition in 2005, whose prayers were solely based on the order of the MPID court passed in his favour on 30.1.2006”.
Further every para was wrong on facts. Significantly while it was Punjab National Bank which filed 4 Criminal Writ Petitions at Bombay High Court, to evict me from flat but did not succeed, these ‘Hon’ble’ Judges concluded exactly the opposite and state in para 10 “In fact, various steps were taken by Indur Chhugani to continue with his occupation over flat Nos.501 & 502 and he preferred various Misc. Applications / Writ Petitions before this Court, but, without any success”.
The order was totally silent on payment made to the Banks or facts brought out in MPID court order from Para 18-22 dated 30.1.2006 and Judges have misused para 23 which states as below:
“23. In the light of the above discussion, there is no
convincing material available on record against the noticee Chhugani regarding the alleged removing of seal of property attached by the order of the Court and making illegal entry into the property attached by the Court and especially in the light of registration of F.I.R. into the matter which is pending investigation. The said show-cause dated 22.3.2005 is hereby discharged.”
Justice Shri T S Thakur and Justice Smt Gyansudha Mishra of the Supreme Court
After this order was passed, I approached The Supreme Court through Criminal Special Leave Petitions no 2308/2013 and 2309/2013. These were heard by the 2 Judges, who refused to consider any correct facts, refused to even pass an order that Applications pending at the MPID Court since 2005 be heard prior to Applicant who is a senior ctizen being evicted from flat for which he has paid Rs 51 Lakhs in 2005. The Judges taunted, there can be no flat in just Rs 51 lakhs at Mumbai, refusing to consider that this property was sold in 2005, 8 years earlier. Both SLPs were dismissed on 1.3.2013 in less than 3 minutes.
At the MPID Court after 1.3.2013.
At the MPID court, the Judge refused to order my eviction from property though the Supreme Court had dismissed my SLPs and stated that only after hearing under Section 8 of the MPID court, can anyone be evicted. This was in keeping with order passed in my favour earlier by the Bombay High Court in Criminal Appeal 1409/2011 passed on 12.12.2011 (order copy attached ).
However, it was the elevation of Shri V L Achilya as a Judge of the Bombay High Court on 18.10.2013, which changed everything at the MPID court, and an order was passed on 19.10.2013 for my immediate eviction from flat in 2 weeks. Was informed later, that the Investigating Officer had conveyed a message from Shri V L Achilya to the Judge at the MPID Court on 19.10.2013.
Rekha Chhugani moved Bombay High Court.
My wife Rekha Chhugani moved High Court through Criminal Appeal 1276/2013, as she was the owner of Flat 501, and there was no order against her and no notice to her. But this Appeal was dismissed on 5.12.2013.
Next morning, on 6.12.2013 we were forcibly evicted from Flat 501, 502, Pinky Panorama Co-operative Housing Society Ltd., by the Police, though the Bombay High Court had not appointed them as executing authority of the High Court order dated 27.9.2012, which had stated “We also direct the respondent no.1 to forthwith vacate the said Flat Nos. 501 and 502 and surrender possession thereof to the Authority of M.P.I.D. Court and the said M.P.I.D. Court shall deal with the pending proceedings in accordance with law”.
The Police simply, removed the nameplate ‘Rekha Chhugani Flat 501’ and took it away and pasted Notice against ‘Indur Chhugani’.
Thereafter Mrs Rekha Chhugani approached the Supreme Court. Though the Supreme Court passed order in SLP (Crl) No 210/2014, on 24.1.2014 for speedy disposal of matter pending at MPID Court since 2005, no say has been filed by the State of Maharashtra till today and the MPID court pays no heed to the Supreme Court directive received through me first (order dated 24.1.2014) or later from the Supreme Court directly.
MPID Court seems to care not for this Supreme Court directive, the case was adjourned on 5.4.2014 to 4.6.2014 then to 8.8.2014 next date now given is 1.10.2014.
We are presently homeless on account of order passed most unjustly and illegally by the Bombay High Court, then the Supreme Court which supported this illegal order. All these orders were passed to facilitate the induction of Shri V L Achilya as a Bombay High Court Judge ( he was earlier Principal Secretary, Ministry of Law and Justice of the State of Maharashtra ).
Can we as Senior Citizens hope to get Justice and get our home back for which we have paid Rs 51 lakhs in 2005.
Yours truly,
Indur K Chhugani - Mobile 98201 71571.
Attached :
1. Copy of Bombay High Court order dat 12.12.2011 in Criminal Appeal 1409/2011
2. Copy of letter dt 21.8.204 to CJI Shri R M Lodha by Rekha Chhugani plus Supreme Court order 24.1.2013
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