Modi through his advocate Harshad Ponda had filed anticipatory bail application before the session court stating that it was a civil dispute and the reinvestigations order by Girgaum court was not proper. The court directed Modi to report to Malabar hill police station on December 7, 9 and 11 for investigation purpose. Ponda argued that the police too have already filed two 'C' summary reports (neither true nor false) and the matter is pending before the city civil court.
Modi is one of the accused named in the FIR filed by Surendra Agarwal on behalf of 98-years old land lady Najoo Bhiwandiwala. Agarwal who had purchased disputed property-2,000 sq mtr four storey bungalow at Malabar hill from Bhiwandiwala for Rs 70 crores in 2008. The prime property which is situated bank opposite the Sahyadri guest house is currently worth Rs 300 crores.
Modi who was using the part of the bungalow on leave and license basis, has filed a civil suit claiming that in 2003, Bhiwandiwala had given declaration that she would sell the bungalow to him for Rs 16 crore of which he had even allegedly paid Rs 10 lakhs cheque as token. But in the FIR Bhiwandiwala has denied receiving any money. Malabar hill police said that if Modi had indeed given the amount there should be some record but they have not found any.
Meanwhile Hemant Bhatt, one of the directors of AMI Merchandising Pvt Ltd who was arrested on Wednesday was produced before the Girgaum court on Thursday and was remanded in police custody till December 13.
Bhatt has been booked for breach of trust, forgery, cheating and is also accused of criminal breach of trust. Agarwal has alleged that antiques goods like doors, windows and other antique articles are missing from the bungalow.
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