Conduct of Lawyers of PNB and IOB
since 25/02/2005 at MPID Court
The
Supreme Court in SLP (Civil) 26424 of 2018 in order dtd 19th
November 2018 Supreme Court has stated :
“Lawyers primary duty is to disclose all material facts to the
Court before obtaining any order from the Court.” (SC Order attached)
Indur Chhugani (Me) have
suffered for over 14 years on account of Lawyers of Punjab National Bank (PNB)
and Indian Overseas Bank (IOB). These
lawyers have deliberately misled this
Court. Concealing true facts from this court. They are considered officers of
the court, duty bound to always disclose the true facts to the court
A. After receipt of Notice
of attachment from MPID Court, both PNB and IOB appeared at the MPID Court on
14/02/2005 with their Lawyers and sought time to file objections.
However they ignored the Attachment Notice and accepted Tender offer for flat
501, 502 Pinky Panorama on 15/02/2005. Even IO Shri Mehboob Inamdar appeared on
14/02/2005 and did not file any
report of having sealed the same flats on 08/02/2005. Roznama record for 14/02/2005 has been eliminated from court records. (
This fact, finds special mention in Inquiry report of 2017 by Sessions Judge
Shri P. M. Nagalkar ).
B.
On 25/02/2005 Lawyers of PNB
and IOB filed Misc Applications No 116
and 146 of 2005 respectively. In both Applications ( though both Lawyers were
aware) did not disclose that flats
501 and 502 Pinky Panorama were conjoined into one flat. Both Banks had formed
‘Joint Asset Sale Committee’ in October 2004. Had called for Tenders under the
SARFAESI Act on 15/02/2005. Both
banks having ignored ‘Notice of Attachment’ already received from the MPID
court.
C.
Both Lawyers did not disclose to MPID Court in Misc
Applications No 116 and 146 of 2005, that
both PNB and IOB had got fake and forged documents of mortgage of flats 501 and
502 Pinky Panorama, showing as if each
flat is 1700 sq.ft. (501 is actually 641 and 502 is 398 sq.ft only) AND that both Lawyers had already assisted PNB and IOB to use these fake documents at CMM
Esplanade Court in a application under
the SARFAESI Act and got them Joint Possession on 12/10/2004. Documents filed by PNB are missing from CMM
Esplanade court records and also at this MPID court.
C2. Same Lawyers have assisted Punjab National Bank and Indian Overseas Bank
at Debt Recovery Tribunal 1, to get flats 501, 502 declared as mortgaged to
them, using fake mortgage documents.
D.
Both Lawyers on 02/04/2005 assisted officers of PNB and IOB to
present fake copies to MPID Court, of Mortgage documents of flats 501 and 502.
Fake Originals were checked by Court and Copies retained in court. Now copies of these fake documents have
been stolen from court records.
E.
On 21/03/2005 IO Mehboob Inamdar misled the MPID court “I
had sealed flats 501 502 on 08/02/2005 and I have on 20/3/2005 found Indur
Chhugani staying in that flat. And Chhugani claims he has purchased flat
through Tender from PNB and IOB. Also said, Officers had opened flats on
12/02/2005 to show to potential buyers.” (When there was no order to seal the flat
) When
Hon’ble Judge enquired from Lawyers, both
lawyers denied having called for
Tenders on 15/2/2005 or having opened flats on 12/02/2005. Show cause
Notice was issued to Indur Chhugani (me).
F.
Thus I became a Noticee.
I was arrested and had to spend 5 days in Police Custody. I then intervened in
Applications 116 and 146 of 2005 filed by the 2 Banks. AND IO Inamdar added me
as witness in MPID case No 12 of 2005. ( So
I am Noticee, Intervenor and Witness.)
G.
Both
Lawyers lied to court on 21.03.2005,
denying opening flats for inspection on 12.02.2005. Later Indur Chhugani
produced Visitors Register of Pinky Panorama CHS in court, which proved that 4
Bank officers had opened flats on 12/02/2005 to show to potential buyers. This
visitors Register was taken in record of court for safe custody. This most important visitors Register is
now missing from court records.
H.
Senior Manager Of PNB filed Affidavit on 24.03.2005 admitting to
opening flats on 12.02.2005, and not having found any seal of MPID court. Effectively proving that IO
Inamdar had never sealed the flats on 08/02/2005. This Affidavit dtd 24/03/2005 is now stolen from Court records.
I.
On 27/04/2005 Mr Mihir Datta of Indian Overseas Bank filed
Affidavit admitting to having called for by Tenders together with PNB ,
confirmed offer of Indur Chhugani was highest. Accepted having opened flats
together with officers of PNB on 12/02/2005 and flats were NOT FOUND TO BE
SEALED. This affidavit is now stolen
from MPID court records.
J.
On 13/12/2005 Applicant filed M. A. No 394 / 2005 and 395 /
2005. The Hon’ble court ordered new Investigating officer Shri Ramesh Waghmare
to conduct an inquiry. IO Shri Ramesh Waghmare filed inquiry report on
20/12/2005, confirming Bank Managers had opened flats on 12/02/2005 and did not
find any court seal – Proving once again
– That IO Mehboob Inamdar had mislead court on 21/03/2005 about having sealed
flats on 08/02/2005. This inquiry report dtd 20.12.2005 is missing
from Court records.
K.
MPID Court on 30/01/2006 passed order discharging the Show Cause
Notice issued to me on 22/03/2005. And observed that there was no order to seal
the flats. Also mentioned report of new IO Ramesh Waghmare. Objections to attachment were invited from
Chhugani and objections under Section
8 were filed by me on 13/12/2006.
L.
This order dtd 30/01/2006 of the MPID court went missing from
court records in 2011 along with objections filed on 13/02/2006, resulting in
an adverse order by Hon’ble Judge Laxmi Rao on 15/10/2011 even imposing a fine
of Rs 25,000/-. ( Bank lawyers denied any order was passed in Chhugani’s favour on
30/01/2006 ) This order of MPID
court dtd 15/10/2011 was set aside by the Hon’ble High Court in Criminal Appeal
No 1409 of 2011 on 12/12/2011, with directions to MPID Court “to expedite
hearing of objections filed under section 8 of the MPID Court”’. Order
dtd 12/12/2011 received by MPID court directly from the High court went missing
from this court record. Miscellaneous
Application No 57 of 2012 is pending in this court for action against Bank officers.
M.
In July 2012 Hon’ble High Court called for Records and
Proceedings of the case from this MPID Court. Roznama sent was tampered, all entries of the Roznama between 25/02/2005
to 27/04/2005 were eliminated. Roznama for 14/2/2005 was also eliminated.
1.
None of affidavits filed by Mr Indur Chhugani in March / April
2005 was sent to High Court. Lying presently in MPID court records.
2.
All affidavits and fake mortgage documents filed by PNB and IOB
were NOT sent and stolen from MPID Court Records.
3. Important inquiry report
received by MPID court on 20/12/2005 of new IO Ramesh Waghmare was not sent.
4. Crucial Visitors
Register of Pinky Panorama Co-operative Housing Society, taken by MPID Court
for safe custody on 6th April 2005 was not sent and is missing from court records.
5. In short, all records which formed the basis of order dtd
30/01/2006 of this MPID Court passed in favour of Indur Chhugani, were never
received by the Hon’ble High Court.
N.
After repeated efforts through Writ Petitions at Hon’ble High
Court and Applications at this MPID Court,
the Principal Judge of Sessions Court ordered inquiry into missing documents by
Sessions Judge Shri P. M. Nagalkar on 29.11.2016. The Inquiry was completed
on 11.05.2017. Action against those
responsible for documents gone missing, from court records, is still awaited.
Indur Chhugani
Victim of Lawyers Misdeeds
31st March 2019
Attached copies of Judgements:
1.
The
Supreme Court - SLP (Civil) 26424 of 2018 in order dtd 19th November
2018 - Shashikant Jogal Vs The State of Maharashtra – 2 pages
2. Supreme Court - Criminal
Appeal No 148 of 2019 dtd 24th January 2019 -Sukhjeet Sing Vs The State of
Uttar Pradesh – 30 pages
3. High Court Jodhpur – CRIMINAL MISC. PETITION NO.606/2015 dtd 10th April 2015 -
Salman Khan Vs State of Rajasthan- 10 pages
1 comment:
In last Para of K read date as 13.02.2006 NOT 13.12.2006
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