InfraLive September-15, 2025

Court finds evidence of siphoning www.infralive.com 45 InfraLIVE September 15, 2025 vi. More than 50%of bills were clearedwithout any authorization. vii. The respondents did several other acts diligently resulted in their own benefit without wrongful causing loss to the trust. viii. The above referred main acts and several other deeds committed by respon- dents resulted in loss of Rs.85 crores+ of amount to the trust property. 27. If we go through the documents the relationship i.e. the connection of applicant and respondents with the Trust and its property is clear. Further, it is also noticed from the documents produced that there were disputes going on between the parties and respon- dents were and are office bearers of Trust. The main document i.e. theAudit Report of the accounting firm, Chetan Dalal Investigation and Management Services Pvt Ltd, is also on record. After going into thisAudit Report it is noticed that the office bearers of the trust, at relevant time committed several irregularities and illegalities and drawn payments to different persons without following expected the legal norms. There are clear violations noticed by the said firm. This report also shows that the all acts done by the then office bears shaking hands with each other for their own benefit causing loss to the trust funds illegally. 28. The total amount of alleged fraud and cheating in the several transactions is very high crossing Rs 85 crores plus. The number of transactions are also so many, done across several years. The evidence seems to be mainly in the form of documents which needs to be collected through several agencies. Any such exercise before this court for collection of this documentary evidence in it, and bring it on record without assistance of police seems difficult. Thorough investigation into the findings of the Audit Report, is necessary. The offences are cognizable and non-bailable and allegations are serious. All these aspects leads to inference that investigation as prayed is necessary. Considering huge stake involved, wide ambit of evidence and consequent investigation, the applica- tion needs to be allowed. Therefore, following order- The P.S.O. Bandra Police Station, Bandra, Mumbai, is herewith directed to register the offence under Sections 406, 409, 420, 465, 467,r/w.34 of Indian Penal Code, against Respondent Nos.1 to 7, and investigate the matter as per Section 175(3) of BharatiyaNagarik Suraksha Sanhita, 2023. List of Respondents inCC163 of 2024 1. MrChetanMehta 2. MrRashmiMehta 3. MrBhavinMehta 4. MrNiketMehta 5. Mrs SushilaMehta 6. MrNimesh Sheth 7. MrAyushmanMehta

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