Fighting in courts in India is a
back breaking job ... specially when the adversary is
a Rs 1000 Cr fraudster backed 2 banks plus the Mumbai
police .....
(between
September 05 and 2nd May 06 PNB filed 4 writ
petitions in Bombay High court against me...all were
defended succesfully...on 1st August 06 their appeal
was admitted... Cases are being fought in Sessions
Court, High Court , DRT and Bandra Magistrates Court)
What is happening about my case:
(updated till 27th August 07
) tired updating after August
07 ... Same pattern continues EVEN NOW
30th
January 06.... The special MPID court passed the order
in my favour clearly stating that there was no
explicit order to seal the flat, there was no record
that the PSI Mehboob Inamdar had sealed the flat and
that the 2 banks Punjab National Bank and Bharat
Overseas Bank had concealed a lot facts... the show
cause notice issued to me was discharged.
Two applications for action against bank officers and
police officers are still pending, in the special
MPID court. (please note this order came after 32
dates between 24th March 05 to 30th January 06)
15th February 06 ... The High court
admitted my writ petition, asking for action against
the Bank Managers and police officers. Interim relief
was given...All proceedinga at Khar police station
were stayed. (please note this order came after 12
dates between 16th October 05 to 15th February 06)
3rd May 06... Punjab National Bank,
filed a writ petition in the high court asking for a
retrial of the criminal case in the MPID court ...
after preliminary arguments, PNB withdrewthe writ
petion, as the court did not allow and asked them to
file an appeal against the order of an MPID court.
3rd May 06 ... The Khar police in
contempt of the High court order, filed a chargesheet
in the Bandra court... Surely in connivance with PNB,
who filed a writ petition on the same day, in the
high court. (we came to know about it only in August
06 )
19th June 06 ... Punjab National
Bank filed an appeal in High court against MPID court
order...pending.
5th September 06 ... I filed a
Contempt of court application in High Court against
the Khar Police officers for ignoring the High court
order of 15th February 06.
24th september 06 ... The contempt
application was listed for hearing in High Court...
however the Judge asked my Lawyer Mr Naveen Chomal,
if he was prepared to argue the full case ... he was
not. So the judge on the one hand listed our case
after 8 weeks at the same time, cancelled the Interim
relief granted on 15th February 06 ( by some other
Judge ).
17th January
07 ... We had filed 2 identical civil writ
petions in the high court asking for court fees to be
paid in the civil case, be valued at Rs 1000 instead
of actual value of flat ( as per some law), one by I
K Chhugani Vs PNB and the other by Rekha Chhugani Vs
BOBL... my writ was rejected earlier ... but the
other one filed by my wife was admitted.
8th May 07....
Suddenly we found that the officer from DRT Mumbai
has come to attach our flat...met him and discovered
that Bharat Overseas Bank, has procured an Attachment
warrant against flat my flat 501 Pinky Panorama in a
case filed against the fraudster company Soundcraft
Industries Ltd.,.... clearing by concealing all the
facts of the case.....
12th June
07... Intervening appeal was admitted today,
at 3.30 pm. at the DRT tribunal I.... We have asked
for attachment order against flat 501, to be
cancelled and action to be taken against the Chief
Manager of Bharat OverseasBank and their lawyers, for
procuring the attachment order through fraud ...by
not informing the tribunal about the pending cases in
the high court .... kept for hearing on 27th June 07
16th June 07...
today in the Bombay High court came up, my
application for contempt of court filed against Sr
Police officers, of Khar Police Station, for ignoring
High court order passed in my favour on 15.2.06,
staying all proceedings against me. (they had filed
chargesheet on 3.5.06) .... Police officers had not
yet filed their reply... case adjourned for 2
weeks....
19th June 07...Today
we had a date at Special MPID Judges court (sessions
court), where our 2 applications filed on 13th
December 05, for action against 2 police officers and
4 Bank managers is pending, for contempt of court and
perjury... they had initially misled the
court... resulting in my arrest.... they all did not
turn up, neither did their lawyers ... so the case
was adjourned to 27th August 07 ... So far,
about 21 times dates have been given ...
earlier Lawyers of Bank Managers used to
turn up, to-day even they did not show up.
27th June 07 ... Our Advocate Mr Naveen Chomal
had to appear in the High Court, in the morning in
another case, his Junior was busy in the sessions
court. So I was asked to explain, to the Presiding
Officer (Judge) at DRT I, if the case comes up before
lunch, "My lawyer is occupied with a case in the
high Court, please keep back the case for hearing
after lunch". At around 12.30 pm, our case came
up, I requested the Presiding Officer(PO)
accordingly. Shockingly he refused to keep back the
case, and passed the order at the behest of the bank
lawyers, that for some objections the case be sent
back to the Court Registrar for completing some
formalities (which were already completed) and be
heard on 13th July 07... I got in touch with Advocate
Mr Naveen Chomal and informed him ... he was aghast
... "I am reaching there in Lunch time" he
said.
At 2.45 pm after lunch, our Advocate approached the
PO, who said, "since you did not come in the
morning, I could hear only the bank side".
Naveen explained aggresively, how that order will be
completely wrong. The PO then said "Ok I will
hear U at the end of the day". At 5.20 pm Our
Advocate got a chance to speak, he explained why the
order passed was completely wrong, and asked for
interim Stay...The PO finally relented "I will
consider Interim relief, only to-morrow, serve notice
on Bank, to remain present to morrow. Also file
affidavit, on satus of attachment at the Recovery
Officer's court".
Till 2 pm in the night we worked, to make a detailed
affidavit AND AN APPLICATION TO THE RECOVERY OFFICER,
(as we discovered that the Bank was moving the
recovery Officer on 28th June, to mess up my life).
28th
June 07
...
Started from home at 8 in the Morning, got multiple
copies of all documents made. Reached the Office of
the Banks Lawyers, waited for their Office to open,
served papers on them at 10.15 am, informing that the
case at DRT, according to the order passed late last
evening, will be heard today. reached DRT court at 11
am. Got affidavit attested and Application to
Recovery officer affirmed... The case at the Recovery
Officer's Court came up at around 12.15, submitted
the Application by Rekha Chhugani ( RIC
objections to attachment ) and explained why the attachement MUST
NOT PROCEED FURTHER... Was shocked to find, that the
Counsel, for the Liquadator for Soundcraft
Industries, had also come, clearly at being called by
the Bank. The Banks decision to transfer the property
to the Liquadator was questioned and explanation
provided, that this is an effort to complicate our
case, so that we are forced into lenghty litigation,
at Company law board and High Court further. Bank
Lawyers were present. But refused to be present at
the DRT court, just 25 ft away.
AT DRT the PO, declared we will wait till after
lunch, for Bank Lawyers. After lunch, since Bank
Lawyers had not yet come, wait till the end of the
day he told us. Bank lawyers never showed up. Finally
at 5.30 pm Naveen started aggressively, showed proof
of letter submitted at 10.15 am, informed about their
presence in recovery Officers place, just 25 ft away
in the morning. But the PO refused to grant Interim
stay, and said "Serve papers on them to-day
evening, will hear case to-morrow. Naveen explained
"I have a case to attend in Indore High Court
to-morrow". But then the Judge insisted
"Tomorow at 11 am" the day ended.
Now we sat and discussed what to do. It was decided
to bring in another lawyer, tomorrow. So we spoke to
a Lawyer, who had appeared for us before also. Met
him in the night, gave him all papers, explained in
short, what has happened till date and left a 1 am.
29th
June 07
... Once
again papers were served to the Banks lawyers at
10.15 in the morning ... Our new Advocate (who does
not wished to be named here) reached the DRT court at
11 am. By 1.30 pm our advocate was disgusted
approached the PO, and explained, how the Bank has
fraudelently, got attachment order and needs to be
quashed immediately. The PO refused and has fixed
date for 6th July 07.
4th July 07 ...
Today was the date at the Recovery Officer DRT
!...the bank lawyers did not show up ... Now even I
have become intervener and application is made
objecting to the attachment (IKC
objections to attachment)
This time the summons
to Bank will go from the court, he said ....
We know what is happening , I am sure so do you ...
But this is Bharat Mahan...
Summons were served by
the court, through me. Delivered summons to the bank
on 3rd July 07 ... for date 6th July 07
6th July 07
.... Today was the case at DRT 1. The case was argued
by my advocate Mr, Rajeev Matkar for over an hour,
the bank's lawyer had come and tried delaying
tactics. The Presiding officer has given us a date 0f
30th July, on which day, he will decide whether
interim relief has to be given to us or not.... In
the meantime, the case will come up before the
registrar of the court on 13th July 07 (this date was
fixed by mistake on 27th July) ... for clearing some
procedural formalities, which actually are already
cleared... We asked can this date not be cancelled
.... No. nothing will happen that day, but we are
required to be present.
30th July 07
... The Presiding officer (Judge) DRT 1
passed an order, that satus quo has to be maintained,
till the next date on 16th August 06, when the appeal
has to be argued further. the bank had come without
any reply to our appeal. earlier on
13th July, the case came up before the Registrar,
the bank lawyers did not appear, in any case there
was nothing to happen, except a reply was expected to
be filed by bank, on 24th July the case came
up before the recovery office, the bank lawyers did
not file any reply, but asked date of 31st July,
stating the some order, is expected to be
passed by DRT1 on 30th July.
16th August 07
... Registrar was on leave, bank lawyers
were not present, next date 5th September 07
18th August 07
... Though this date was given, found the
court closed...new date 10th September 07
27th August 07.. At
MPID court (sessions) my 2 applications for action
against 6 bank managers and one police officer to
come up... Judge transfered, no judge at present ...
next date 10th October 2007 (nothing expected to
happen on that day.
Fothcoming
Dates
5th
Sept at Registrar DRT ... 10th Sept at Recovery
office DRT...
nothing is expected to happen on both days ... Bank
lawyers are expected to be absent and the both courts
are expected to give fresh dates, to ENABLE the banks
to reply.
00/AnyDay/07... At
HC our writ petition No 2414/05 can come up for
hearing... asked for action against 6 Bank Managers,
2 police officers and monetary compensation of Rs 10
lakhs for wrongful arrest... Will know only previous
evening.
00/AnyDay/07
... Appeal at HC, no 688/2006
filed by PNB on 1st August 06, against order of MPID
court, passed in my favour on 30/01/06... Will know
only previous evening.
00/AnyDay/07... At
Magistrates court, Bandra ... bogus case filed by
Khar Police, disegarding high court directive of
15/2/06 ... Summons not yet received... expected to
go on for next 10 to 20 years
On 2nd
july the writ filed by me in HC, for action against
Bank Managers and Police officers, was to come up... as per direction of the court,
papers were served to 11 respondents on 27th and 28th
June 07 ...
It did not come up.
So the fight
continues
(501 was bought from BOBL. while 502 was purchased
from PNB... It is actually one flat with 2
agreements... BOBL sanctioned Rs 5 crores against
501...641 sq ft... and PNB had sanctioned Rs 11.5
crores against 502 ...398 sq ft.....It means
against a total area of 1039 sq ft flat, the two
banks to-gether had sanctioned Rs 16.5 Crores.... both
banks formed a jt committee for sale)
I K Chhugani email ....ikchhugani@yahoo.com
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