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Reply dt.12.02.2014 to Notice

Reply dt.12.02.2014 to Notice
Reply dt.12.02.2014 to Notice

SENT BY HAND DELIVERY / SPEED POST / REGISTERED A D

To Ms. Jyoti R. Thakkar Jamna Building, 1st Floor, Room No.16, 292, L T Marg, Dhobi Talao, Mumbai 400002

Madam

12th February 2014

1. I acknowledge receipt of your letter dated 29th January 2014 issued under instruction of your clients Mr. Sunil C Shroff and Mr. Deep S Shroff (hereinafter collectively referred as “your clients). I have received your letter on 31st January 2014 (hereinafter referred to as “your letter”)

2. You have sent a copy of your letter to RAK Marg police station. In case the concerned public servants rely on your letter without paying attention to my this reply and evidence available with them and without investigation then they may err in discharging their duties under the law

3. There is legitimate evidence to prove wrongful acts of your clients and I have submitted them to concerned police officers. Till now your clients have managed through misrepresentation of facts to stop the police authorities from taking lawful action against them. Please inform your clients that I have received a communication from Central Vigilance Commission, Delhi that an official inquiry is under process. Please caution your clients that our country is still governed by laws and not by individual belief or rule

4. Your clients have misrepresented the facts to you and to police officers throughout your letter. They have made false statements that they themselves know to be false. Your clients are not trying to tell me anything by your letter. They are trying to misrepresent the facts to public authorities. Their purpose is to stop or discourage public authorities from discharging their duties. Your clients have openly declared their dishonesty and intention to continue to cheat us by breach of our trust and trespass upon our below said premises

Reply dt.12.02.2014 to Notice

Reply dt.12.02.2014 to Notice
Reply dt.12.02.2014 to Notice

5. I have reasons to believe that one of your clients Mr. Sunil C Shroff has given false statement to police officers at RAK Marg police station. I have applied at the police station to provide copy of his statement and will substantiate on receipt of the same

6. Please note that on 12th November 2013 my statement was recorded in Marathi language by the police officer who was deputed by In charge of RAK Marg police station to inquire / investigate into my report dated 1st November 2013. I apologise but I am ignorant of Marathi language. A true and fair English translation of my statement that I had narrated to the deputed police officer was prepared along with Statement of Charges under Indian Penal Code. And they were personally handed over to the officer as also to the Reader and subsequently officially via dispatch. The statement contains a true and fair account of facts of the case and charges under Indian Penal Code. The statement was substantiated by evidence available with me to prove my statement. The statement is hereinafter referred to as “police statement”. Please find attached and please read my police statement in case you wish to know facts of the case

7. Your clients had entered into leave license agreement dated 1st June 2012 with my son Mr. Gagan Seksaria and my daughter in law Mrs. Gautami Seksaria (the agreement is referred to as said agreementin this letter). I together with my wife, Prema had signed the said agreement as power of attorney holders of Gagan and Gautami. For sake of brevity my wife Mrs. Prema Seksaria is referred to as Prema, my daughter in law Mrs. Gautami Seksaria is referred to as Gautami and my son Mr. Gagan Seksaria is referred to as Gagan in this letter

8. Your clients have dishonestly stated the term “rent” in various paragraphs of your letter when the term used in the said agreement is “license fee”

9. By the said agreement Gagan and Gautami had granted and your clients had accepted bare non-transferable license to use and occupy the licensed premises for residential purpose of your clients only from 1st June 2012 to 31st May 2014. It was agreed that license ceases automatically upon expiry of said period unless it is determined earlier under the terms of said agreement. I request you to read Clause 1 of the said agreement properly. The address of licensed premises is 2501, A Wing, Sky Flama, Dosti Flamingos, T J Road, Sewri West, Mumbai 400015. One car parking space and many other amenities mentioned in the said agreement were also provided to your clients (the licensed premises and amenities are referred to as said premises” in this letter). After reading the whole agreement you should realise that although the agreement was initially for twenty-four months but either party can terminate the agreement in between in case of non- performance of its terms. I believe you are an advocate so you would know

Reply dt.12.02.2014 to Notice

Reply dt.12.02.2014 to Notice
Reply dt.12.02.2014 to Notice

that termination of an agreement can be express or can be implied from actions of parties to the agreement

10. Your clients had deposited rupees four lakhs with Gagan and Gautami as interest free refundable security deposit for due fulfillment of all the terms and conditions of the said agreement. I request you to read Clause 5 of the said agreement properly. The security deposit was refundable at the time of expiry or termination of the agreement. Please read Clause 21 of the said agreement

11. The agreed license fee was rupees eighty thousand per month subject to escalation of ten percent after expiry of every twelve months. I request you to read Clause 4 and Clause 9 of the said agreement

12. Your clients have made false statements in Paragraph 2 of your letter. I have evidence to prove that it were your clients who terminated the said agreement in between. They cannot substantiate or prove their false statement submitted to you. Being an advocate you would know that an addendum to extend term period of a leave license agreement is illegal in Maharashtra unless the addendum is written, signed and duly registered. You would know true facts from my attached police statement

13. In Paragraph 3 your clients have improperly stated their acts and omissions from June 2012 till August 2013. You may read my police statement to know facts of the case. Hence they have not been repeated here

14. Your clients have made false statements in Paragraph 4 of your letter. I have evidence to prove that they are false. I have proof of several communications with your clients’ Chartered Accountant Mr. S C Mutha concerning modified leave license agreement that was supposed to be signed and registered by your clients and their family members with my wife, Prema and me. Mr. Mutha was mediating to sign and register the modified agreement. For this purpose Mr. Mutha did several meetings in his office with one of your clients Mr. Sunil C Shroff and me. Mr. Sunil C Shroff kept going back and forth on his consent. After final consent given by Mr. Sunil C Shroff; Mr. Mutha paid applicable stamp duty to register the modified and mediated agreement. But your clients and their family members refused to sign and register the modified and mediated agreement. Your clients declared to me that they will neither sign & register the agreement, nor will vacate my said premises and nor will pay license fee. Your clients cannot substantiate or prove their false statement submitted to you. Your clients have falsely stated ‘addendum’. Please advise them that addendum to leave-license agreement with names of parties changed is illegal in Maharashtra. Your clients have falsely stated that Mrs. Bhavna Shroff issued two cheques of rupees two lakhs each as advance license fee. The truth is that the said agreement was terminated on insistence

Reply dt.12.02.2014 to Notice

Reply dt.12.02.2014 to Notice
Reply dt.12.02.2014 to Notice

of your clients and Gagan & Gautami refunded the security deposit of rupees four lakhs. Thereafter the two cheques received by me were towards security deposit under modified leave-license agreement, and are mentioned in communications with your clients’ Chartered Accountant. Your clients have falsely stated monthly license fee of Rs.80,000, whereas in all mediated and consented communications license fee mentioned is upwards of Rs.88,000. Your clients have falsely stated one more car parking space, whereas in all mediated and consented communications only one car parking space is mentioned. By their false statements your clients have once again confirmed their dishonesty and intention to cheat by breach of trust and trespass upon my said premises. They want to misrepresent the facts to stop pubic servants from taking action against their acts. In case you don’t know kindly note that your clients have not paid license fee and other dues from September 2013 till date and further have broken all laws so that they may criminally posses our said premises

15. After reading Paragraph 4 of your letter I came to know that my residential society had issued a letter dated 25th September 2013 stating that Mr. Sunil C Shroff is a tenant of the said premises and as per society’s record is staying since June 2012. On inquiry with my society I am given to understand that on request of Mr. Sunil C Shroff a letter was issued on society’s letterhead to certify his present place of residence and duration of his stay therein for purpose of renewal of his passport. However Hon. Managing Committee members of my society had neither asked Gagan, Gautami, Prema or me nor had informed us before issuing a letter about our said premises. This is a serious concern and will be dealt with appropriately. But concerning your clients the fact is that receipt of letter on society’s letterhead gave ideas to your clients to misrepresent facts, cheat us, and criminally posses our said premises. This fact is corroborated from the dates mentioned in my police statement that was recorded way back on 12th November 2013

16. It is evident after reading Paragraph 5 of your letter that your clients intend to continue to cheat us further in various criminal ways so they have made false statements therein. You may read my police statement to know the facts. Hence they have not been repeated here

17. Your clients have broken all laws to cheat us, breach our trust, posses our said premises and harm us in many other ways. A reading of Indian Penal Code would reveal many more violations than mentioned in my statement of charges dated 12th November 2013 that have been committed by your clients. It is curious that your clients have on their own stated changingthe lock of the premises via Paragraph 6 of your letter. When the charge was that they have removed or brokenthe lock of the premises

Reply dt.12.02.2014 to Notice

Reply dt.12.02.2014 to Notice
Reply dt.12.02.2014 to Notice

18. Your clients have made false statements in Paragraph 7 of your letter. I understand that Mr. Deep S Shroff was not in India on 24th November 2013. Neither Gagan nor I have his phone number. So it was not possible for us to contact him. Mr. Sunil C Shroff, Gagan and I have been talking both before and after the stated date on phone and personally and in front of witnesses in order that wisdom returns upon your clients to discontinue their criminal acts. My following paragraphs will further substantiate the fact that your clients have given false information at RAK Marg police station

19. It is detailed in my preceding paragraphs and police statement that your clients have not paid license fee and other dues from September 2013 till date. Your clients have cheated us, breached our trust, criminally trespassed upon our said premises, harmed us and furthermore are continuing with all their wrongful acts. And their family members are supporting them in their wrongful acts. This is in reply to false statements of your clients in Paragraph 8 of your letter

20. After my report to RAK Marg police station on 1st November 2013, I had informed Hon. Managing Committee members of my residential society about the criminal and illegal acts of your clients and had requested them to take action. Some of the Managing Committee members out of their kindness communicated with your clients in order that wisdom returns upon them and they discontinue their wrongful acts. Gagan and Gautami had to come back from abroad and they spoke with your clients and their family members on several occasions in witness of our neighbors and other witnesses in order that wisdom returns upon them. But all these esteemed individuals could not discourage your clients and their family members from continuing their wrongful acts. And after reading your false letter it is evident that your clients intend to carry on with them. The legal position is that your clients are trespassing in my society and there is legitimate evidence to prove the same. The action of my society is lawful and in accordance with rules of my society. Besides the above, inaction by police authorities can neither deprive my society nor me from exercising our legal right of private defense against the trespassers. This is in reply to concerns raised by your clients in Paragraph 9 of your letter

21. It seems that your clients neither have moral sense nor legal sense. After reading paragraph 10 and 11 of your letter it is evident that inaction of police authorities helps the wrongdoers, to the extent that they start believing that they have protection of law. In their mistaken belief they tell blatant lies and stoop to the extent that they start blackmailing on a printed document in return for discontinuing their criminal acts. Please inform your clients that laws of our country are stringent enough to protect citizens from wrongdoers

Reply dt.12.02.2014 to Notice

Reply dt.12.02.2014 to Notice
Reply dt.12.02.2014 to Notice

22. After reporting the criminal acts of your clients with legitimate evidence to RAK Marg police station it was within my right of private defense of body / property to regain possession of my trespassed property from your clients. I am not deprived of my legal right of private defense because of inaction by police authorities. You may read Sections 96, 97, 99 and 105 of Indian Penal Code and relevant court decisions and explain the legal position to your clients. But I did not exercise my right. Because I wanted the police authorities to take action concerning wrongful acts of your clients and thus protect my property and me

23. I pursued on my report dated 1st November 2013 with concerned officers of RAK Marg police station. Later I communicated with senior police officers superintending over RAK Marg police station vide my letters dated 9th January 2014 and 1st February 2014. In my police statement dated 12th November 2013 I had stated the facts substantiated with evidence and had even correlated the facts with exact sections of Indian Penal Code that had been violated. The police only had to investigate and take action. But the problem is that police doesn’t take action

24. My family and me had never experienced such atrocities before. The owners of the said premises happen to be esteemed individuals of high moral standing who cannot tolerate criminal acts against them. We shared the problem with social organisations and social citizens and requested for help

25. Several public authorities from Delhi understood the problem including Hon. Supreme Court of India. They wrote back to us of effect that soon enquiries will start to redress my problem. Several newspapers have taken keen interest in the problem and some of them may publish it on front pages. I also want to contribute and amend this social problem by filing Public Interest Litigation with permission of Hon. Bombay High Court. It is apt to caution the employers of your clients for their own good

26. Recently office of Commissioner of Police, Mumbai has started enquiry and further action on a report received from office of Commissioner of Police, Delhi. Your clients came to know of this and attempted to take my sign on a deceptive document. I request you to advice your clients not to implicate themselves more by dishonest acts

27. You have sent copy of your letter to Hon. Managing Committee members of my residential society with intention to deceive them when they are well aware of wrongful acts of your clients

28. It is grossly negligent on your part to circulate an offensive letter without exercising due care and attention. I have reasons to believe that you have not

Reply dt.12.02.2014 to Notice

Reply dt.12.02.2014 to Notice
Reply dt.12.02.2014 to Notice

acted in good faith before issuing your letter. Please define the authority under which you have sent your letter and let me have a copy of that authority

29. One of your clients Mr. Sunil C Shroff by his hand has put his signature on your letter. It reassures me that your clients are in acceptance of whatever is stated in your letter. After receipt of your letter it becomes easier for me to prove before public authorities the misrepresentation of facts and intention of your clients behind their criminal acts. I hope that they take action

30. I believe that I have suitably addressed all points raised by your letter, still if any point is unanswered please let me know. If I have made any mistake in my this letter it is due to the reason that I am above 62 years of age

Yours faithfully

the reason that I am above 62 years of age Yours faithfully Rajkumar Seksaria Copy to:

Rajkumar Seksaria

Copy to:

1. In charge, RAK Marg police station

2. Hon. Managing Committee Members of Sky Flama (Dosti Flamingos) Cooperative Housing Society Ltd

3. The Senior Police Officers:

(a)

Commissioner of Police, Mumbai

(b)

Joint Commissioner of Police (Law and Order), Mumbai

(c)

Additional Commissioner of Police, Central Region, Mumbai

Notice dt.29.01.2014

Notice dt.29.01.2014

Notice dt.29.01.2014

Notice dt.29.01.2014

Notice dt.29.01.2014

Notice dt.29.01.2014