IN THE COURTS OF
SESSIONS FOR GREATER BOMBAY
AT MUMBAI.
M.A No. 237 OF 2014
In
M.A. NO. 195 OF 2014
IN
M.P.I.D. CASE NO. 12/2005
Indur Kartar Chhugani )…Applicant
Permanent resident of flat )…(Original Noticee)
501,502, Pinky Panorama, Khar W
Presently residing at
C/o Manohar Makhija
8, Ajwani Apartments,
16 , Shankershet Road,
Pune – 411 042
Versus
State of Maharashtra )
(At the instance of EOW, Crime Branch )
Unit-7, Mumbai )…Respondent
Applicant is a Senior Citizen 66 years of age,
without a home at present and residing with relatives at Pune.
Application is for speedy disposal of matters
connected with flats 501, 502, Pinky Panorama Co-operative Housing Society Ltd.,
pending since over 9 years.
TO,
THE HON’BLE PRINCIPAL JUDGE AND OTHER
HON’BLE PUISNIE JUGDES OF THIS HON’BLE
SESSIONS COURTS FOR GREATER BOMBAY AT
MUMBAI.
THE HUMBLE APPLICATION OF
THE APPLICANT ABOVENAMED
MOST
RESPECTFULLY SHEWETH:
1. The Applicant is aged 66 years Senior Citizen and
law abiding citizen of this country. The Applicant is original noticee in the
aforesaid MPID case No. 12 of 2005. And was never involved in any litigation
prior to receiving ‘Show Cause’ notice from this Court on 22.3.2005.
2. That it is respectfully submitted the Applicant
with his Son Sushil Chhugani is the Joint owner of Flat 502, Pinky Panorama
Co-operative Housing Society Ltd., and his wife Mrs Rekha Chhugani was the
successsful bidder for Flat 501, Pinky Panorama Co-operative Housing Society
Ltd, at 6th Road, Khar W after an auction conducted under the
SARFAESI Act by the Joint Asset Sale Committee of Punjab National Bank and
Bharat Overseas Bank Ltd., and further states that payments made to the Banks
in 2005 for composite flats 501, 502 remain with the banks till today.
3. Other facts of the case detailed in M.A. No 195 of
2014 are not being repeated here, however Applicant will rely upon the contents
of all Miscellaneous Applications pending since 25.02.2005, connected with
Flats 501, 502, Pinky Panorama Co-operative Housing Society Ltd., 6th
Road, Khar W.
4. Pending since 2005 before this Hon’ble Court are :
a) M.A. No. 116 / 2005 by Punjab National Bank –
Objections to Attachment for Flat 502 under Section 8 of the MPID Court – filed
on 25.2.2005.
b) M.A. No. 146 / 2005 by Bharat Overseas Bank –
Objections to Attachment for Flat 501 under Section 8 of the MPID Court –
filed on 25.2.2005.
c) M. A. No. 188 / 2005 by I K Chhugani – for taking
visitors register in possession of Court – Register taken for safe custody –
Now missing from Court records (Visitors
Register needs to be located).
d) M. A. No. 394 / 2005 by I K Chhugani for action
against Bank Officers – filed on 13.12.2005 (after bank officers misled
HC on 12.12.2005)
e) M. A. No. 395 / 2005 by I K Chhugani for action
against Investgation Officer and Bank Officers – filed on 13.12.2005
(after IO and bank officers misled HC on 12.12.2005 in Cr Application 7912 of
2005).
f) Objections to attachment for flat 501, 502 under section 8 of the MPID
Act – filed via Affidavit filed by I K Chhugani on 13.02.2006
g) Implementation of the High Court order dated
12.12.2011 for expediting hearing under section 8 of the MPID Court – Detailed
in Para 5 of the HC order of 12.12.2011.
h) M.A. No. 57 / 2012 filed by I K Chhugani for action
against Investigation Officer and Bank Officers – for misleading Court resulting in order dated
15.10.2011 by MPID Court – Which was set
aside by High Court on 12.12.2011 – Filed on 20.03.2012
i) M.A. No. 34 / 2013 filed by I K Chhugani for
recalling of ‘show cause Notice’ dated 22.3.2005 -
Filed
on 30.03.2013
j) M.A. No. 109 / 2013 filed by I K Chhugani for not
releasing flats to Banks and release to this Applicant – IF section 8 of MPID
court found not Applicable –
Filed
on 16.12.2013
k) M.A. No. 10 / 2014 filed by Rekha Chhugani not releasing the flats to Banks.-
and release the same to this Applicant – IF section 8 of MPID court found not
Applicable - filed on 15.1.2014.
l) M.A. No. 92
/ 2014 filed by Rekha Chhugani for hearing all pending matters connected with
flats 501, 502, Pinky Panorama TOGETHER and return of flats to her, from which
she was forcibly evicted on 6.12.2013 – filed on 3.4.2014.
m) M.A. No. 195
/ 2014 filed by I K Chhugani for not releasing flats to Banks and release to
Applicant – IF section 4 and 8 of MPID Act found not Applicable - filed on 07.08.2014
5.
The
core issue is, the Applicant filing M.A. No 394 of 2005 and M.A. 395 of 2005 on
13.12.2005, after the Bank Officers and the Investigation officer misled the
High Court and committed Perjury on the previous day, before the Judges of the
Hon’ble High Court on 12.12.2005 in Criminal Application No 7912 0f 2005. The
Bank Officers denied all facts which they had already admitted in affidavits at
this Hon’ble Court in March / April 2005.
6.
The
Bank officers at High Court in hearing Criminal Application 7912 of 2005 on
12.12.2005 had denied opening flats on 12.2.2005, or opening of Tenders on 18.2.2005,
or of having accepted drafts totalling Rs 50,91,100/- from Applicant and family. Most significantly, earlier in March/April
2005 these same Officers in Affidavits at this Hon’ble Court had accepted
opening flats on 12.2.2005 for display to Potential buyers and claimed they did
not find any seal of the MPID Court or the EOW which the Investigating Officer
Mr Mehboob Inamdar alleged he had put on flats 4 days earlier on 8.2.2005. Further they had
accepted opening of Tenders on 18.2.2005, had found we were the highest bidder
and had collected drafts totalling Rs
50,91,100/- from Me and my wife.
7.
The
Bank officers at the High Court had supported the false claim by the
Investigating Officer Shri Mehboob Inamdar on 12.12.2005, that he had sealed
the flats on 8.2.2005. Hence an order was passed against the Applicant.
Attached is order of the Hon’ble High Court in Criminal Application 7912 0f
2005 dated 12.12.2005 as EXHIBIT A
8.
MOST
IMPORTANT : This order of the High Court dated 12.12.2005 obtained by playing a
fraud on the High Court by Bank Officers and Investigation Officer is the basis
of all adverse orders passed by the High Court and DRT against this Applicant,
including the High Court order dated 27.09.2012, because of which this Applicant
and his family were evicted from the said flats on 6.12.2013.
9.
For
over 9 years now, the Bank Officers and the Investigation Officer Shri Mehboob
Inamdar have avoided filing their affidavit in reply to M.A. No 394 of 2005 and
M.A. No 395 of 2005 filed on 13.12.2005. And repeatedly these 2 Applications
could not be located in court records and hearing has been delayed.
10.
Significantly, for speedy disposal of all the
pending Applications, just one Affidavit
with supporting documents is needed, from the Investigating Officer Shri
Mehboob Inamdar regarding his actions of alleged sealing of 3 Properties at
Khar on 08.02.2005, which are listed at Sr Nos 1, 2 and 9 by the Investigation Officer
in list of properties submitted on 18.1.2005 to this Hon’ble Court. Attached is
list of properties as EXHIBIT B
11.
The
Applicant is 66 years of age, and is compelled to travel very often from Pune
to Mumbai in connection with :
a)
Matters
before this Hon’ble Court.
b)
Motion No
3024 in suit No 1948 of 2007 pending in Court No 3, City Civil Court, Bombay
- about flat 502, Pinky Panorama.
c)
Civil Writ
Petition 9348 of 2005 at High Court by Rekha Chhugani – about flat No 501,
Pinky Panorama.
d)
Various
matters pending at the Debt Recovery Tribunal, initiated by Punjab National
Bank and Bharat Overseas Bank- regarding Flats 501 and 502 Pinky Panorama.
12.
The Applicant has made this Application for speedy
disposal of all pending matters connected with Flats 501, 502, Pinky Panorama
on day to day basis.
13.
GROUNDS
A)
The Hon’ble
Supreme Court has expedited hearing of this case and writ was received from the
Supreme Court by this Hon’ble Court on 25.02.2014 and again on 09.05.2014, the
same is recorded in the Roznama of Case No 12 of 2005 .
B)
My rights
under Article 21 of the Constitution of India have been violated. Applicant and
family have been made homeless by Police, without following any procedures as
laid down in the law.
C)
The
Applicant is a Senior Citizen aged 66 years and his wife is aged 56 years.
D) Applicant and family are accused of breaking seal
of court put on Property 501, 502, Pinky Panorama, when there is no order ever
passed by this Court to seal this property and the property was never sealed.
E)
The
Applicant and his family are without a roof at present and Applicant or his wife
or his son do not own any other property anywhere in the world.
F)
All the
savings of the Applicant and his family were invested in these 2 flats in 2005
and about Rs 51 lakhs paid to the Banks in 2005 remains with the Banks till today.
G) Applications at this court, for release of flats
501, 502, Pinky Panorama are pending for over 9 years i.e since February 2005.
H) Significantly, ‘Affidavit in reply’ in M.A No 394
of 2005 and M.A. No 395 of 2005 by Bank Officers and Investigation Officer have
not been filed for over 9 years.
I)
Bombay High
Court has directed that preferance must be given to cases, where Senior
Citizens and matters involving extra
ordinary urgency or extreme and severe hardship. Attached is Practice Note No 19 dated 15th July 2004 of
Bombay High Court as EXHIBIT C.
PRAYERS:
a)
This
Hon’ble Court may kindly direct the Investigating Officer Mr Mehboob Inamdar to
file his Affidavit with supporting documents regarding alleged act of sealing of
3 properties at Khar W on 08.02.2005 at Sr nos 1, 2 and 9 of the
list of properties submitted on 18.1.2005.
b)
This
Hon’ble Court may kindly direct the Punjab National Bank, Senior Manager Mr. R
Srinivasan and Bharat Overseas Bank Chief Manager Mr. Mihir Datta, to file
their Affidavit with regards to opening of flats on 12.2.2005, Opening of
Tenders on 18.2.2005, Acceptance of Bank drafts from Applicant and handing over
physical possesssion of flats 501, 502, Pinky Panorama to the Applicant.
c)
The Hon’ble
Court may kindly direct the court staff to locate the Original Visitors
Register of Pinky Panaroma Co-operative Society, taken by this court for
keeping in safe custody, vide order in M.A. No 188 of 2005.
d)
That all
pending Applications be heard on day to day basis, and this Hon.ble Court may
kindly dispose of the case regarding flats 501, 502, Pinky Panorama as early as
possible preferably within 4 weeks.
e)
Such other
and further reliefs as this Hon’ble Court deems fit and proper in the interests
of justice be passed.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE
APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Mumbai
Dated: 29th September, 2014 Applicant
VERIFICATION
I, Indur Kartar Chhugani, the Applicant above named
do hereby state on solemn affirmation that whatever is stated in the foregoing
paragraphs of the above Criminal Application are true and correct to the best
of my knowledge I believe to be true.
Solemnly affirmed at Mumbai )
This 29th day of September, 2014 ) Sd/-Applicant
Before
me,
IN THE COURTS OF
SESSIONS FOR GREATER BOMBAY
AT MUMBAI.
M.A No.
237 OF 2014
In
M.A. NO. 195 OF 2014
IN
M.P.I.D. CASE NO. 12/2005
Indur Kartar Chhugani )…Applicant
Versus
State of Maharashtra )…Respondent
INDEX
Sr. No.
|
Particulars
|
Pages
|
1.
|
Memo
of Application
|
|
EXH A
|
Order
of Bombay High Court dated 12.12.2005 in Criminal Application 7912 0f 2005
|
|
EXH B
|
List
of properties submitted by Investigation Officer on 18.1.2005
|
|
EXH C
|
Bombay
High Court - Practice Note 19 dated 15th July 2004
|
|
Last Page
|
IN THE COURTS OF
SESSIONS FOR GREATER BOMBAY
AT MUMBAI.
M.A No. 237 OF
2014
In
M.A. NO. 195 OF 2014
IN
M.P.I.D. CASE NO.
12/2005
Indur Kartar Chhugani …Applicant
Versus
State of Maharashtra …Respondent
Dated : 29th September 2014
Applicant:
Mr Indur K Chhugani,
Presently
residing at:
8, Ajwani Apartments,
16 , Shankershet Road,
Pune – 411 042
Mobile 98201 71571
