InfraLive September-15, 2025

Court finds evidence of siphoning www.infralive.com 44 InfraLIVE September 15, 2025 Allegations of siphoning offRs 85Cr by keeping purchases belowRs 10 lakh CC No. 163 SW 2024 Mohit Vs Chetan and ors. (CNR-MHMM18-013020-2024) st th Relevant extracts of Court Order dated 21 /27 Dec 2024 by Komalsing Rajput, th JMFC, 12 Court, Bandra, Mumbai 24. By way of this application applicant a charitable trust approached this court through its authorized representative Mr. Mohit Mathur and contended that he is perma- nent trustee of applicant trust appointed by other life members. The respondents are ex- trustees. There were several disputes going on amongst them on account of trust proper- ties. Finally by the order of Supreme Court applicant again assumed office vide order dated 14.12.2023 passed by Ld.Assistant Charity Commissioner. The applicant and other trustees after assuming office found several irregularities in the trust funds. Therefore, they carried out the audit through reputed auditors, Chetan Dalal Investigation and Man- agement Services Pvt Ltd. After going through the record during the long span of time of twelve years or more, during which respondents held office pertaining to utilization of trust fund, there notices so many irregularities and illegalities. The respondents siphoned of crores of rupees of Trust funds, through several means by defrauding the Trust, in followingmanners and by several other means, as - i. On account of disputes going on between office bearers of the Trust, its banker approached Charity Commissioner, as per Section 41-Aof Maharashtra Public TrustActs said authority passed order that the permission of it shall be taken for payment of bills of above Rs 10 lacs. However, the respondents deliberately generated bills below Rs 10 lacs to circumvent the need to procure the permis- sion of Charity Commissioner and utilized this amount illegally for their own use by defrauding the Trust. Respondents misappropriated such amounts for about two decades. ii. An amount of Rs 10.75 crores, has been paid to a particular firm Dhruv and Company and P.V.S. and Associates, out of Trust funds, within short span of time in absence of any resolution by generating bills/invoices belowRs 10 lacs. iii. There is ample documentary evidence on record in this regard showing the active involvement of the respondents. iv. The crores of rupees paid to different legal firms for the personal litigation and in violation of Rules and procedures to bemandatorily followed. v. The fake and forged bills generated in the name of advocates without any authorization or anymatter pursued by them.