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Bombay HC Grants Interim Relief To Ultra Lifespace, Directors In ₹38.12-Crore FIR Case

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The Bombay High Court has granted interim relief to Ultra Lifespace Pvt Ltd and its three directors Mayank Shah, Jignesh Shah, and Tushar Shah in connection with an FIR alleging cheating of Rs38.12 crore. A bench of Justices Revati Mohite-Dere and Sandesh Patil, on November 19, directed that the investigation continue till the next hearing on December 10, but no chargesheet should be filed in the meantime.

The directors have sought quashing of the FIR, first registered at Bandra police station and later transferred to the Economic Offences Wing (EOW). Their lawyers, Aabad Ponda and Sujay Kantawala, argued that the matter stems from a commercial dispute and not a criminal offence.

The case originates from a complaint by Vijay Thakkar, 54, a builder from Vile Parle (West), who in 2014 booked three flats in a Bandra Reclamation project developed by Satra Buildcon Pvt Ltd (SBPL). Two flats were priced at Rs11 crore and the third at Rs11.75 crore. Thakkar paid Rs7.33 crore, after which a registered agreement was executed.

Under the agreement, construction was to be completed by December 2017, with the occupancy certificate (OC) within a year. In case of delay, the buyer was entitled to a refund with 18% interest, which Thakkar sought when the project failed to meet the deadline. SBPL later assured possession by December 2019 after redevelopment, but the project was subsequently handed over to Ultra Lifespace.

Ultra Lifespace obtained the OC in 2020 and began giving possession to other buyers. Thakkar alleges he was denied possession of all three flats and approached MahaRERA, which directed Ultra Lifespace to hand over possession and refund pending dues with interest. Thakkar claims Rs30.76 crore is owed and, along with Rs7.35 crore paid for development and maintenance, brings his total claimed loss to Rs38.12 crore.

Thakkar eventually lodged a complaint with the EOW alleging cheating and criminal breach of trust.

Ultra Lifespace directors argue that Thakkar misused police machinery to settle a civil dispute and suppressed crucial facts. They maintain that the original sale was completed under Praful N Satra, former director of SBPL. They claim Thakkar paid only Rs5.23 crore of the total Rs33 crore, leaving Rs27.77 crore unpaid.

The petition also alleges fabricated ante-dated letters from March 2018, permitting deferred payment after the OC. An FIR regarding this alleged forgery had already been lodged, which Thakkar allegedly concealed.

The Mayank Shah group took over SBPL in August 2019, later renaming it Ultra Lifespace. After the takeover, they secured the OC on March 2, 2020, and sent repeated reminders to Thakkar for outstanding dues. Both parties have challenged the MahaRERA order before the appellate tribunal and the High Court, where the matter remains pending.

The plea concludes that no ingredients of cheating are made out, noting: “Surprisingly, no allegation is made against Praful Satra.”

Crime

CBI court sentences firm partner to three years RI in Rs 4 crore bank fraud case

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Chandigarh, June 5: A Special CBI Court in Mohali, Punjab, has convicted and sentenced Samir Dua, a partner of M/s G.D. Ispat Udyog, Mandi Gobindgarh, to three years of rigorous imprisonment (RI) along with a fine of Rs 15,000 in connection with a multi-crore bank fraud case, an official statement said on Friday.

The sentence was pronounced on June 4, following the conclusion of trial proceedings in the case investigated by the Central Bureau of Investigation (CBI).

According to the CBI, the case was registered against Dalip Dua and Samir Dua, partners of M/s G.D. Ispat Udyog, along with other accused, for allegedly entering into a criminal conspiracy to defraud Indian Overseas Bank’s Mandi Gobindgarh branch in Punjab.

The investigation revealed that the accused had fraudulently secured a cash credit limit of Rs 4 crore from the bank by submitting false and fabricated information and documents.

The loan facility was allegedly obtained through misrepresentation, causing a wrongful loss to the bank and corresponding unlawful gain to the accused, the agency said.

Following a detailed investigation, the CBI filed a charge sheet against the accused persons before the competent court. During the trial, the prosecution presented evidence establishing the fraudulent nature of the transactions and the conspiracy behind obtaining the credit facility.

After examining the evidence and hearing the arguments, the Special CBI Court found Samir Dua guilty and sentenced him to three years of rigorous imprisonment. The court also imposed a monetary penalty of Rs 15,000.

Proceedings against co-accused Dalip Dua were abated due to his death during the pendency of the case.

The conviction marks the culmination of the CBI’s investigation into the bank fraud, underscoring the agency’s efforts to prosecute financial crimes and hold those responsible for defrauding public sector banks accountable.

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Crime

NCB seizes 406 kg ganja, arrests 4 accused in UP’s Gorakhpur

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Gorakhpur, June 4: The Narcotics Control Bureau (NCB) seized 406 kg of ‘ganja’ (contraband substance) in Uttar Pradesh’s Gorakhpur and arrested four accused who were taking the contraband to Deoria from Tezpur in Assam, an official said on Thursday.

The NCB Gorakhpur Zone, in coordination with the Uttar Pradesh Special Task Force (STF), achieved the breakthrough when they arrested two persons on Wednesday, a statement said.

Acting on specific intelligence, NCB Gorakhpur intercepted a pickup van on the Salempur–Lal Bazar Main Road in Deoria and seized 202 kg of ganja concealed in the vehicle, the statement added.

During the follow-up investigation, NCB teams conducted further operations in Barhaj town of Deoria, resulting in the recovery of an additional 204.8 kg of ganja and the arrest of two more accused, it said.

With two separate recoveries, the total seizure by the NCB and Uttar Pradesh STF totalled 406.8 kg of ganja, it added.

The four accused were charged with offences under the relevant provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The NCB said that investigation was underway to identify and apprehend other persons involved in the trafficking network and to ascertain the forward and backward linkages of the contraband.

In a separate operation in Maharashtra earlier, the NCB arrested two drug traffickers and recovered 702 kg ganja while busting a major interstate trafficking network in Gondia, an official said.

“The 702 kg ganja was concealed in 100 packets among grocery cargo items, including detergent, toothpaste and hair dye, was recovered and seized,” the official said in a statement.

The seized contraband was sourced from Odisha and destined for multiple Maharashtra-based drug syndicates operating in Nagpur, Gondia, Pune and Mumbai.

In another case, the NCB secured jail terms in a Mumbai court for five drug traffickers, including the kingpin, in a synthetic drug trafficking case.

The convicts were sentenced to imprisonment ranging from 15 years to one year, a statement added.

The Special NDPS Court in Thane sentenced the kingpin Mohammed Arif Yaqoob Bhujwala, a resident of Mumbai’s Chinchbunder, to 15 years’ imprisonment, along with a fine of Rs 2 lakh, the NCB’s Mumbai Zonal Unit said.

“Parvez Khan alias “Chinku Pathan” and Mohammed Salman Khan, both residents of Chinchbunder, along with Vikrant Jain, a resident of Bhiwandi in Thane, were awarded five years’ imprisonment each and fined Rs 50,000 each,” the NCB added.

“Haris Faizullah Khan, resident of Bandra West in Mumbai, was sentenced to one-year imprisonment, along with a fine of Rs 10,000,” it said.

The NCB investigation led to freezing of two movable and three immovable properties worth more than Rs 1.5 crore belonging to Parvez Khan alias Chinku Pathan.

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Crime

Pune Hooch Tragedy: CID Arrests Navi Mumbai Father-Son Duo For Supplying Chemicals; 333 Accused Held So Far

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Navi Mumbai: The Crime Investigation Department (CID) arrested two Navi Mumbai-based men for allegedly supplying chemicals used in the manufacture of spurious liquor linked to the Pune hooch tragedy that claimed 22 lives in Pune and Pimpri-Chinchwad.

The accused have been identified as Arun Jagdamba Chaube (59) and his son Abhishek Arun Chaube (24), both residents of Vashi in Navi Mumbai. The duo was apprehended by a CID special team following revelations during the ongoing investigation into the deadly liquor racket, as reported by Loksatta.

According to officials, cops found that the father-son duo had allegedly supplied hazardous chemicals used in the preparation of the toxic liquor consumed by the victims. After tracking their role in the supply chain, CID officers arrested them from Navi Mumbai and produced them before a magistrate’s court in Pimpri. The court remanded both accused to four days of police custody to facilitate further investigation into the source and distribution network of the chemicals.

The arrests come days after authorities detained the alleged kingpin of the racket, Yogesh Wankhede, along with several associates. Following the deaths of over 20 people, the Maharashtra government transferred the probe to the CID to uncover the full extent of the illicit liquor network.

Meanwhile, rattled by the scale of the tragedy, the Maharashtra State Excise Department has launched a statewide crackdown on illicit liquor manufacturing and distribution. State Excise Commissioner Rajesh Deshmukh said the department conducted 440 raids across Maharashtra over the past few days, leading to the arrest of 333 persons allegedly involved in the production and sale of illegal liquor.

During the operation, officials seized 1.61 lakh litres of chemicals used in manufacturing illicit liquor, 9,686 litres of spurious liquor and five vehicles. The total value of the seized material has been estimated at Rs 83.24 lakh.

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