To,
Hon’ble the Chief Justice Mohit Shah,
Mumbai High Court,
Mumbai 400 032.
SUBJECT: Extra judicial interest of then
Sessions Judge V L Achilya, Mumbai, in implicating me
in false case leading to my arrest, torture and
harassment.
Respected Sir,
Applicant most humbly submits:
1. In March 2005 Judge Shri V L Achilya was presiding
over as MPID Court (Designate court for Maharashtra
Protection of Interests of Depositors (In Financial
Establishments) Act, 1999, hereafter referred to as
‘MPID Court’). It is a state act declared
by Bombay High Court as void and beyond the
competence of state legislature. He was hearing a
case in C. R. No 47 of 2004 (later transferred to
C.R. No 53 as Case 12 of 2005 under the MPID) which
was against a company which duped its depositors of
multi-crores of rupees.
2. Before the above case was initiated, the banks
which financed the company had seized the company
property under section 13(4) of Securitisation And
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002, (Herein after referred
to as ‘SARFAESI Act’), which is a Central
act having overriding effect. One of the seized
properties was a joint flat, more specifically
described as 501/502 Pinky Panorama Cooperative
Society, 6th Road, Khar, Mumbai 400052.
3. The flat 501 was mortgaged to Bharat Overseas Bank
and 502 to Punjab National bank. Both these banks had
taken possession of these flats and sold by auction
and delivered to the complainant under SARFAESI Act,
pending only internal official formality of issuing
sale certificate. My wife Smt Rekha Chhugani for flat
501 and I along with my son Sushil Chhugani for 502
were the successful bidders.
4. On 21/3/2005 Investigation Officer Mr. Mehboob
Inamdar, reported to Judge Achilya, that “Mr
Chhugani was found to be living in the property which
I had sealed on 8/2/2005”. Though there was
never any order passed to seal the flat.
5. Judge Achilya instead of asking the Investigation
officer, under whose orders was the property sealed,
asked the Investigation officer on 22/3/2005 to lodge
FIR against Chhugani at Khar Police station and also
issued a notice to me “as to why appropriate
proceedings be not initiated for removing seal of
property attached by the order of court and making
illegal entry into the property lying attached by the
order of the court”. I was required to
appear on 24/3/2005.
6. Accordingly on 24/3/2005, I appeared, in the
court, with a brief affidavit, explaining all the
procedures, through which, I had got possession and
also the fact of the Banks having opened the flats on
12/2/2005 to show to potential bidders (4 days after
the purported sealing) and subsequent auction of the
flats 501-502 Pinky Panorama on 15/2/2005.
7. Further Judge Achilya asked that the Khar Sr
Police Inspector report to him on 29/3/2005, and file
report of action taken in respect of complaint
lodged.(All this is recorded in the Roznama ). So the
Khar Police arrested me on 28/3/2005 and also
attempted to arrest my wife and son. However both
sought anticipatory bail. Attached is extract of
Roznama from 21st March 2005 to 29th March 2005 as
EXHIBIT A.
8. I had to spend 5 days in police lockup. After I
was released on bail, I confronted the police
officers, who were apologetic and said “The
Judge asked us to arrest you, we could not refuse. He
had asked us to also arrest your wife and son”.
9. Subsequently in May 2005, this judge Shri VL
Achilya was transferred to Bombay High Court as Addl
Registrar, and Addl. Sessions Judge Shri N D
Deshpande presided over the MPID court.
10. The new Judge Shri N D Deshpande, heard the case
at length and passed the order on 30/1/2006,
discharging me, from the show cause notice and
observed, that “the order passed on 19.1.2005 is
not for attachment but is for attachment U/sec 8
directing Sr PI GBCB-EOW to comply the service of
notices to the concerned by service and display of
such notice inviting objections for such order of
attachment. Subject to decision of such objection
notice of attachment was made returnable on 14.2.2005”.
Even this order to “display the notice” the
Investigation Officer had not complied.
11. Further that there was no order to seal the
property, so “there is no question of
breaking court seal”. Annexed and marked
herewith is the order dt 30/1/2006 of Addl Sessions
Judge Shri N D Deshpande as EXHIBIT B
Till today, I am required to defend this false case
in the Magistrates court and since last 5 years I
am struggling to get the high court to take action
against the Police officers, for arresting me on a
false charge and also against the Bank Managers, who
fearing arrest on account of Judge Achilya’s
false stand, made many false statements initially.
Why did Judge Shri V L Achilya, behave like this,
whether he had any interest in the matter?
I therefore request your lordship full enquiry may be
ordered in the matter and action may be taken against
the judge. I am ready to give my statement.
Yours truly,
Indur K Chhugani Mobile 98201 71571
Attached:
EXHIBIT A : Attached is extract of Roznama from 21st
March 2005 to 29th March 2005
EXHIBIT B Order dt 30.1.2006 by Shri N D Deshpande,
Addl Sessions Judge.