gooddee2 .... All About Rogue and Corrupt Judge V L Achilya

To,
1. The Addl. Registrar,
Special Investigation Department,
Mumbai High Court, Annex Bldg.,
Mumbai 400 001.

2. Chief Justice Swatanter Kumar,
The Chief Justice,
Mumbai High Court,
Mumbai 400 001.

Subject : Disgusting activity of Judge V L Achilya resulting in
my arrest in a false case, at his initiative, at the MPID court.

Respected Sir,

Just 3 days back, I have sent a letter addressed to Special Investigation Department, in connection with the above subject. Today I am detailing, what all I and my family has suffered, and continue to suffer since March 28, 2005, the day I was arrested on the false frame-up & charge of trespassing and breaking court seal in this case at the MPID Court in March 2005.

In December 2005 / January 2006, Addl Sessions Judge Shri N. D Deshpande at MPID Court, almost drove me and my wife to committing suicide, by his constant threats to evict us from my home, within 1 hour, if we did not voluntarily evict ourselves. He was trying to whitewash the black deed of his predecessor Judge V L Achilya, though finally he passed the order in my favour on 30.1.2006. (Copy of order attached in my original complaint to you).

In 2005, my wife had to be treated by a Physchiatrist after a Khar police officer mistreated her in a police beat chowky, while I was in the police lockup. Now fed up, with continued harassment by the banks, my wife has once again started pleading with me, that to get out of this mess, the best option for us is to kill ourselves. The poor and illiterate of this country, resort to such methods often. I thought I was different, but I too have begun to think, that it is the only way out, because there are too many Achilya’s in our courts.

After Judge V L Achilya’s threat in court on 21/3/2005 that “whoever has broken the seal put by my officer (on 8/2/2005), will be sent to Arthur Road Jail”, the Bank Managers afraid of being arrested, put the blame on me of having broken the seal, whereas they concealed the fact that the bank officers, had already opened the flats earlier (on 12/2/2005) to show them to potential buyers when no court seal was found. So the Judge ordered an FIR against me and I was arrested. After my arrest, the banks have accepted the fact of no seal was found on 12/2/2005 but have no alternative, but to stick to the false stand, since they also had added that “we did not sell the property”. So what all I have gone thru because of this false charge, is detailed below :

Cases filed by Punjab National Bank and Bharat Overseas Bank Ltd.,

A. Below by PNB as petitioner, BOBL as respondent No 2.

1. Cr WP/ 1930 / 2005 in August 2005.
a. Prayers: Evict Chhugani and family through Khar police.
b. Prayers denied. ... Petition disposed off

2. Cr WP / 2570/ 2005 in October 2005
a. Prayers: Permit the Bank to resell the property at Pinky Panorama, Khar by furnishing of such security, which the Hon’ble court may deem fit and proper.
b. Prayers denied ... Petition disposed off.

3. Cr WP 572 / 2006 in March 2006.
a. Direct the Additional Sessions Judge (Designated MPID Court) to deliver Judgement, in show cause notice, issued to Chhugani.
b. Petition disposed off ... Additional Sessions Judge delivered Judgement in my favour (dated 30.1.2006).

4. Cr WP 1102 / 2006 in May 2006
a. That the Hon’ble court be pleased to pass a writ calling for the records of the case from MPID court and direct Chhugani’s to surrender the possession of the said flat, to the Hon’ble Court or the MPID Court.
b. Prayers denied ... Petition withdrawn, allowed to file Appeal.

5. Cr Appeal No 688 / 2006 in August 2006 ( Appeal Pending )
a. "Prayers" ...That the Hon’ble court be pleased to pass an writ calling for the records of the case from MPID court and direct Chhugani’s to surrender the possession of the said flat, to the Hon’ble Court or the MPID Court.

B. Below by Bharat Overseas Bank.

6. RP / 07 / 2007 at the Debt Recovery Tribunal 1.

a. In 2007, suppressing all the happenings of the case at the MPID and the High Court, this Bank got an Attachment order in 2007 for flat 501 Pinky Panorama, in case against original fraudster / defaulter.

b. Mrs Rekha Chhugani filed appeal no 11/ 2007 before Presiding officer DRT 1 in May 2007, detailing all happenings at MPID Court and High Court.

c. Presiding Officer heard the full case once, twice and third time and then retired, without passing any order. After the new Presiding Officer took over, he dismissed the Appeal, on 31.7.2009 ignoring all orders passed in the MPID court and in the High Court in our favour and also ignoring the suppression of facts by the bank.

d. Appeal now filed with DRAT no 220 / 2009, on 20/8/2009 by Mrs Rekha Chhugani.

C. Petitions filed by us.

1. Cr WP/ 2414 /05 in October 2005
a. This petition is for action against the Bank Managers and police officers for misleading the MPID court, resulting in my arrest in a false case of trespassing and breaking the seal of the court.

b. Petition was admitted on 15/2/2006 and by way of interim relief, Khar Police was directed to stay all proceedings in Cr 103/05 against me, though 11 months had elapsed since my arrest, no chargesheet had been filed, till 15/2/2006.

c. The chargesheet was however filed on 3.5.2006, in contempt of the High Court order of 15/2/2006. Reason given through RTI is “Investigation officer was too busy, so chargesheet is filed inadvertently”, copy of order received from High Court was provided, but after erasing the signature of the investigation officer, who had earlier signed on the order copy as “seen”.

d. Coincidently the PNB also filed Cr WP / 1102/ 2006 on the same day i.e. 3.5.2006, stating that they have now more evidence.

e. Thereafter my writ Petition 2414/05 was dismissed on 7.6.2006 after it came up wrongly on pre admission board and the Petitioner and Lawyer for Petitioner was not present, being unaware of this date.

f. The petition was later restored in September 2006, but the interim relief granted on 15.2.2006 was withdrawn.

g. The petition is now kept for final hearing.

2. Civil Petitions were filed, in City Civil Court by Me and my wife separately for non receipt of sale certificate under SARFAESI Act from the Banks in 2005.

a. Both cases were dismissed, with a common order.

b. Separate identical Civil Writ Petitions were filed at the High Court. Civil WP No 9348 of 2005 and No 937 of 2006 under article 227 of the constitution.

c. Rekha Chhugani’s WP No 9348 of 2005 was admitted and “Rule” issued.... Pending.
d. Indur Chhugani’s WP No 937 of 2006 was dismissed.
e. Both Writ Petitions are identical, only Presiding Judge was different.

Respected Sir, I will be 62 years of age on 5/12/2009 and am tired of the various multiple litigations and tensions which I have inadvertently continue to face on account of one deliberate wrong act of Addl Sessions Judge Mr. V. L. Achilya in 2005. I do not want to end up like the poor and illiterate of this country, who kill themselves being unable to get fair justice at the appropriate time.

1. Hon'ble President of India, New Delhi.
2. Hon’ble Mr Justice K G Balakrishnan, CJI Supreme Court.
3. Hon'ble Governor of Maharashtra, Mumbai.
4. Mr S. B. Biswas,Director ( HC& J),Department of Justice, New Delhi

'Good Deed' performed by 'Chief Justice' Shri Swatanter Kumar, beofore moving to Supreme Court in December 2009 http://www.RoguePolice.com/gooddeed.htm

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