Bombay high court dismisses a builders petition to quash FIR filed against him

Written By Unknown on Senin, 18 Februari 2013 | 22.23

MUMBAI: The Bombay high court recently dismissed a petition filed by a Fort-based developer Homi Patrawala seeking to quash a First Information Report (FIR) filed against him by the Economic Offences Wing.

The FIR was filed against Patrawala, who owns Snowgold Constructions Pvt Ltd for forging documents and allegedly duping Ashok Mohanani of Ekta Group of Rs 6.5 crore over the purchase of a bungalow plot at Khar.

The court however, has stayed its order for eight weeks to permit Patrawala to approach the Supreme Court.

In his petition, Patrawala argued that they had reached a settlement with Mohanani by transferring two properties; a 42.25 sq mts building no 66, Jeenah Building at Fort and 2488 sq ft (carpet) commercial office at City Grand Plaza at Vasai West.

"Though the amount shown in the FIR is Rs 6.5 crore, the properties are worth Rs 11 crore as per the market value as per the settlement amount agreed with Mohanani. The FIR should therefore, be quashed," Patrawala's counsel Rizwan Merchant argued.

However, Mohanani's counsels, Ashok Mundargi and Ganesh Gole pointed out that Patrawala was misrepresenting facts. In their arguments, Mundargi contended that both the properties are worth only Rs 6.5 crore and not Rs 11 crore. The lawyers contended that Rs 6.5 crore is only part payment of the settlement that was reached to the extent Patrawala could get interim bail.

"Furthermore, the dummy woman who played the role of the original Sushil Jadhav, the bungalow owner is absconding. So, till she is arrested, the loss incurred by me cannot be fully determined," Mohanani said in his affidavit-in reply. As per Mohanani's complaint, Patrawala took Rs 6.5 crore while claiming to broker a deal between Mohanani and 70-year-old Sushila Jadhav who owns a bungalow on 13th Road in Khar (west).

Mohanani also purchased an adjacent plot owned by Patrawala's firm. However, he alleged, Patrawala never gave the money to Jadhav and fraudulently diverted all of it to his own company. When Jadhav did not vacate the plot, Mohanani visited the property. Jadhav later lodged a police complaint harassment against Mohanani. Mohanani, in turn, filed a complaint with the EOW.


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