Flat owner gets reprieve: A
businessman who bought a flat attached by a
bank for Rs 50 lakhs is harassed by the
police at the behest of
the earlier owner, who has fled from India,
after the bank managers wrongly told the
police that they had never removed the seal
on it. He finally gets repreive from HC and
has filed a case of perjury against the bank
and wrongful arrest against the police
inspectors. P 11
the above
appeared on pg 1 on 24th July 06 below is full report on
pg 11 from Times Of India
Court
Repreive for
harrassed
flat owner
Kartkeya
/ Tnn
Mumbai: When
Indur Kartar Chhugani heard that a flat in his
building was being sold by two banks because its
earlier owner Rajkumar Basantani, had defaulted
on his loan repayment, he had no clue that he
would end up in police custody or that he will
have to take his battle to Bombay high court.
Chhugani bought the flat at Pinky Panorama
Housing Society at Khar (West) after Punjab
National Bank and Bharat Overseas Bank Limited
floated a tender for its sale in January 05. He
made a full payment of Rs 51 lakh for the flat
and got possession on February 27, 2005 from
Mihir Dutta, one of the bank’s manager.
In March 2005, Chhugani (58) got a rude shock
when Inspector Mehboob Inamdar from the Economic
Offences wing (EOW) of Mumbai Police told him
that cases pertaining to the flat were still
pending in an MPID court and alleged that that
Chhugani was staying illegally in it. Chhugani
rushed to the court where his problems were only
compounded.
Inamdar told the court that he had sealed the
flat on February 8, 2005 and that Chhugani had
broken the seal. Even Dutta and another manager
R. Srinivasan sided with Inamdar though they
themselves had shown the flat to Chhugani on
February 11.
A case of house breaking was registered with Khar
Police Station against Chhugani and he was
arrested on March 28, 2005 and sent to Police
custody. Chhugani filed a affidavit accusingnspector Arun Walzade of demanding a bribe
of Rs 50,000 to set him free. He further alleged
that Walzade tried to misbehave with his wife,
when she came to the Police Station. Chhugani
said that he was further
humiliated by
Walzade, when he brought him to court in
handcuffs.
It was only when Chhugani petitioned the MPID
court several times after his release to
represent his side of thestory that Dutta
accepted in April 2005 that there had been no EOW
seal to begin with. The trial court order in
January 2006 allowed Chhugani to remain in the
flat and noted there was no order to seal the
flats and the Banks had concealed certain facts
from the court
Nearly
a year, after Indur Kartar Chhugani was
told that he was staying 'illegally' in
his own house at Khar, the court last
week disposed of the case in his favour
. Fed up with harassment at the hands of the police
and bank officials, Chhugani filed a writ in the Bombay
high court, which admitted his plea and stayed
proceedings in the case filed against him at Khar
police station. In the writ petition , Chhugani
asked for action against Walzade for allegedly
seeking abribe and outraging the modesty of his
wife. He also said Inamdar, Dutta, Srinivasan and
other Bank managers in the deal be booked for
committing perjury in the MPID court which they
misled it by saying the flat had been sealed by
EOW.
The
Punjab National Bank , however, continue with its
efforts to oust Chhugani from the flat. It even
filed a petition in the high court this year
seeking a re-hearing of the criminal case which
took place in the MPID court. But last week, the
high court upheld Chhugani’s lawyers
objection to the bank’s plea and disposed of
the matter saying the bank could file an appeal
instead.
( the above
report appeared in The Times Of
India, page 11 on July 24, 2006.
Regarding bogus case
against me at Khar Police
Station, read below, fighting
still:
(On 30th
January 06, the MPID court
discharged me and came to the
conclusion that there
was no order to seal the flat,
no evidence to show that the flat
was sealed and noted that the
banks had concealed many facts
before the court ... 2
applications have been filed by
me for action against the 4
bank
managers and one police officer
for perjury and tampering with
court records ... pending.
On 15th
February 2006, the high court
stayed all proceedings, at Khar
Police station, but in contempt
of HC order, chargesheet was
filed on 3rd May 2006 by
Inspector Vijay Dhatrak ...
explanation received through
RTI ... Officer was too busy with
other work, so did not read high
court order. Chargesheet filed by
mistake.. This Dhatrak is now
suspended in false Chaturvedi
case).