To, Date: 05th March 2020

1. The Commissioner of Pune Police

2, Sadhu Vaswani Chowk,

Camp, Pune – 01

2. The Commissioner,

Registrar of Co operative Societies.

2nd Floor, New Central Building,

Ambedkar Wellesley Rd, Pune – 411001

Subject; Complaint application for stringent and severe criminal

prosecution against the below mentioned person (s).

1. Shri. Cooji D. Katrak

Age; 65 years, Occ – Buisness

Currently Residing at; 14, Right Flank Lines,

Wanowrie, Pune – 411040

Permanently Resident; 72, EL CID Ridge Road,

Malabahar Hill, Mumbai – 400006

2. Mr. Keki Marker

Age; Adult, Occ – Retired

R/at; Akash Ganga, Bhulabhai Desai Road,

Mumbai – 400034

Temp Address; Mark Ventures, 526, Arun Chambers,

5th Floor, Tradeo Main Road, Mumbai – 400034

3. Mrs. Shenavaz B. Badani

Age; Adult, Occ – Business,

R/at; 1st Floor, Alaknanda, Napeansea Road, Mumbai

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 4. Mrs. Lyla Z. Marker

Age; Adult, Occ – Business,

R/at; 72, EL CID Ridge Road, Malabar Hill,

Mumbai – 400006

5. Mr. Rusi Chowna

Age; Adult, Occ – Business,

R/at; 72, EL CID Ridge Road, Malabar Hill,

Mumbai – 400006

6. Mrs. Navaz F. Guzder

Age; Adult, Occ – Business,

R/at; 132, EL CID Ridge Road, Malabar Hill,

Mumbai – 400006

7. Mr. Francis David

Age; Adult, Occ – Business

R/at; 14, Right Flank Lines,

Wanowrie, Pune – 411040

8. Mrs. Meher. N. Pinto

Age; Adult, Occ – Business

Residing at; 5, 2nd Floor, Cozy Building,

Mumbai – 400036

Dear Sir/Madam,

I, Dr. Lalchand Dhalumal Balani, Age; 75 years, Occ – Business, Residing

at; A/303, Supreme Woods, NIBM Road, Pune – 411040 & (Mobile No. –

9822065906) would state the following facts as under;

I.I most humbly state that, I am a resident at the above mentioned address

along with other family members. That I was a bonafide member of

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 Country Retreat Co – op housing society Ltd., which was registered society

owned the properties bearing Sr. No. 8, 9 and 10/2, Dhanori, Pune. That

Country Retreat Co – Operative Housing Society Ltd. was later on

bifurcated into Country Retreat No.1 and Country Retreat No. II Co – Op

housing societies. After the said bifurcation I became the member of the

Country Retreat No. II. Later on, the name of the Country Retreat

Co – operative Housing Society No. II came to be changed to Villa Mora

Co – operative Housing Society Ltd. I further submit that the above all

accused were also member of the Country Retreat Co – operative housing

society Ltd. and the membership of above all accused is also changed as

stated above.

II.I most humbly submit that there were certain disputes amongst original

promoters of Country Retreat Co – op housing society Ltd. and accused

No. 1. All the accused persons. Therefore conspired together and as a part

of this criminal conspiracy to cheat me. It was decided by the accused to

transfer the said land admeasuring 3 Hectors 40 Acres i.e. 8 Acres 20

Ghunthas from out of Sr. No. 10, Dhanori, Pune fraudulently and

dishonestly in the name of the accused No.1, 3 & 4 with an ulterior motive

to cheat me by causing wrongful loss and with the ultimate goal of

accused no.1 is get wrongful gain. However as per the provisions of Urban

Land (Ceiling and Regulations) Act, 1976 the accused no.1 could not hold

8 acres 20 ghunthas in his individual name. Hence it was decided by

Country Retreat Co – op housing society ltd. to bifurcate the said country

retreat co – operative housing society ltd. into number I and II and further

to separate/sub divide the land admeasuring 3H. 40 Acres i.e. 8 Acres 20

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 Ghunthas land out of Sr. No. 10/ 2 Dhanori, Pune and to allot the same to

bifurcated society no. II.

III.That to execute this said conspiracy accused (s)prepared certain stamp

papers on 24th March 2003 and that the said agreements were also

registered fraudulently by paying late fees on 17th September 2008. That

after the registration of the stamp papers in respect of agreements for sale

of property land and thereafter confirmation deed dated 22nd September

22nd September 2008. That both the agreement and deed of confirmation

were illegal and executed; registered fraudulently. Thereafter on the next

date i.e. on 23rd September 2008 accused no.1 , 3 & 4 executed and

registered indenture of sale and thereby accused No. 3 and 4 transferred

the subject property to accused no.1 without knowledge of complainant

and other members.

IV.That the consideration amount shown in the sale deed dated 23rd

September 2008 was Rs. 40, 51, 000/- consideration amount payable

against the sale deed is shown as paid by accused no.1 and 2 vide their

respective pan numbers. That the Pan number provided during the

registration is also questionable as Pan Card of the society was utilized for

the said transaction in respect of the said instrument. That I have spend

more than Rs. 20 lakhs as being a member over the said property from the

very inception for demarcation, formation of society, registration of

society, bifurcation of society after bifurcation, etc. Besides that other

members has also contributed a massive amount of for purchase of land.

V.It is pertinent to note that while registering the society i.e. Country

Retreat – II Co – op. Housing Society ltd. with Jt. Registrar, the share of

each member was shown in purchase of plot. That I have 1/10 th share in

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 the society in the property of Villa Mora Co – operative housing society.

That due to such fraudulent, illegal and criminal conspiracy I was

constrained and was left with no other option to file a criminal complaint

with the concerned police and but due to reasons unknown police never

took cognizance of the same. Hence I filed a private complaint before the

Hon’ble Additional Chief Judicial Magistrate, Pune vide. Cri M. A. 588/18 in

which the Hon’ble Court passed orders for verification and examination of

witnesses. That the said matter came to be compromised between the

complainant and accused person (s) on 22nd April 2019 and eventually the

matter was disposed off.

VI.I further submit that accused no.1 on 7th Day of February 2019 when the

matter was already pending trial before the Hon’ble CJM Court, Pune

without my knowledge Accused No.1 issued notice for special general body

meeting by putting my signature on the notice with false and concocted

signatures. That the said meeting was scheduled on 18th February 2019.

The important agenda for the special general body meeting were to

“consider proposal for de registration/winding up of the Vilamora

Cooperative housing society limited” and secondly “to authorize Shri Cooji

D. Kartak to approach the registrar of cooperative societies for de

registration and winding up of the concerned society. Thereafter the notice

were received by 8 members for the special general body which is

scheduled on 18th February 2019 at Flat No. 72, “EL CID”, Ridge Road,

Malabar Hill, Mumbai – 400006.

VII.That on the scheduled day at 11.00 am in morning and that the said

meeting commenced at 11:10am. That after the presence of members the

minutes were recorded and in total 8 members were present. The Agenda

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 was passed in meeting through which accused no.1 was fraudulently with

malafide intention hatched a conspiracy along with other members in

respect of the authorization for winding up of the society.

VIII.I submit that after it came to my knowledge I filed an objection with

Deputy Registrar along with the handwriting expert report. That the

handwriting expert came to a conclusion that the signatures have been out

on the notice issued for Special General body was bogus and shammy.

That I filed an objection with Commissioner of Co – operative Societies.

IX.That the offences committed are grave and serious in nature and that the

offences are cognizable in nature. That the said acts mentioned above

amounts to criminal offence and it prima facie discloses commission of

cognizable offences under the provisions of The Indian Penal Code. That

in addition the above mentioned person (s) jointly had also contravene the

provisions of The Maharashtra Co – operative society act, etc.

X.I most humbly state, that accused persons being the office bearers of the

society due to which duty has been cast upon to protect and safeguard the

interest and stakes and report unlawful and illegal activities and to take

criminal cognizance of the same. That the said acts mentioned above

amounts to criminal offence and it prima facie discloses commission of

cognizable offences under the provisions of The Indian Penal Code;

XI.That the conduct of accused person along with the collusion and

conspiracy raises serious concerns in respect of the contravention of

multiple statutes including special statutes and procedural laws for

personal gains and to take a shortcut for attaining their personal needs

and wants.

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XII.I most humbly state that the above mentioned accused person have

committed offences under Sec. 406, 418, 420, 423, 463, 465, 466, 474

R/W Sec. 34 of Indian Penal Code..

XIII.I further state most humbly to the concerned authorities, that the offences

mentioned above are serious and grave in nature and that the incidence

furnished above is only a tip of the ice berg and that there have been large

scale. Besides that the registration of First Information Report is of utmost

important in respect of the offence committed by the accused persons (s)

and that it is important for a precise and thorough investigation. I further

state that, there are incriminating articles books of account to be

examined and taken into custody as to the expenses incurred on the

revenue of the society for the illegal acts committed by Accused (s)

persons . That it is important to register an First Information Report as

well as a representation to be made by the statutory authorities

established under concerning acts, rules, etc. in respect of the offences

committed by accused persons. Besides that in the present circumstances

of this particular case it is important that the plenary powers of search,

seizures and inspection enshrined in the special statute may kindly be

invoked and important evidences and articles may be seized before

accused destroys and tampers with the crucial evidence and articles.

XIV.That the act committed by the accused person s is a cognizable offence

and registration of First Information Report is mandatory. That the offence

committed by the members has been reported within the time limit and

there is no abnormal delay in respect of the same. That the said offence is

a continuing offence which results into arising continuous cause of action.

Hence I most respectfully submit before the authority viz. Addressee No. 1

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 to direct the appropriate police station to reduce the said information

relating to the commission of cognizable offence to an First Information

Report.

XV.I most humbly state, that the accused perosns have committed offences

which are serious in nature and that the same has to be dealt with stern

hands and iron fist. That it is important to take strict action and important

to initiate criminal prosecution against the above mentioned accused

persons at the earliest.

Pune

Dated: 05th March 2020 Dr. Lalchandh Balwani

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