Court Orders Criminal Prosecution of four Kilachand House members , builders

Posted On: 2014-09-23 21:51:58

    Discarding a closure report filed by the Malabar Hill police , a Metropolitan Court has ordered prosecution of four members of the Kilachand family - one of the city's wealthiest - along with two well - known developers. 

   In a February 15 order by Additional Chief Metropolitian Magistrate U K Aher of Girgaon Court , the court issued process against eight accused , including Ravi Kiran Agarwal and his son Pujit of Orbit , and Om Navani of Om Builders. 

   The Developers along with Uday Kilachand , Sanjay Kilachand , Ajay Kilachand, Pramjith Jhaveri , ( CEO of Citi Bank India ) and Harikumar kurup of orbit must be present or represented by an advocate in court on March 29.

   The Court was hearing a private complaint by Nian Kilachand , Sanjay Kilachand, Ajay Kilachand, Pramit Jhaveri , ( CEO of Citi Bank ) andHari Kumar Kurup of Orbit must be present or represented by an advocate in Court on March 29.
                  
   The Court was hearing a private complaint by Nina Kilachand filed in September 2011, alleging that the accused usurped her 6.25% share in the palatial Kilachand House at Napean Sea Road, Thus commited cheating and forgery. 

   The complaint alleged that her brother and four nephews sold her share fraudulently to two developers , despite her neither authorizing them to do so, nor selling her share to any relative . Of the over 1 lakh sq ft property , Nina's Share is around 6,400sq ft, estimated to be worth over Rs 40 Crore. 
          
   In October 2011, Girgaon court directed Malabar Hill Police to Investigate the case , after which the police registered an FIR against the accused , in June 2012 , the police submitted a report categorising  the case as "Civil Dispute" and seeking closure. 

   Nina , represented by lawyer Nikhil Chaudhari, filed a protest petition against the police's closure report in July 2013 , which was accepted by the Court recently. 

  Nina is the second generation heir of Devchand  Kilachand , who bought the property in the 1940 s . He divided it equally among his four sons - Tulsidas , Chinubhai, Ramdas  and Ambala. Tulsidas , who executed a will in march 1976, gave his son suresh half of his share ( 12.5 % of entire property ) and the remaining half was equally divided between Nina and  sister Lata ( 6.25 % each ).

   Nina alleged she learnt from a partition suit filed in HC that her brothers Suresh and his family said that they sold thiers as well as Nina's share to the developers. He cited a MoU between him and Nina in 1989 , through which her share was transferred to him. 

   According to the police's report , as per this MoU, Nina received around Rs 12.50 lakh of the total consideration of Rs 47.50 lakh , and was to receive the balance only after she left kilachand House, It also cited pending civil cases between family members , and said that therefore this was  a civil dispute. 

   The Police report said that according to the developer's statements , they bough the shares from Suresh believing he legally owned them - based on his  disclosure in HC. 
They said they had  nothing  to do with  any criminal act in transaction , as they had not prepared any forged document . 

   Nina,  however, said that Om Builders was  involved in a deal with another branch of the  family for purchasing their share in the 80s, therefore they were aware  of the entire shareholding  pattern if the family. Her advocate also said the alleged MoU was never registered 
   
   The magistrate , accepting Chaudhari s submission , passed an order that there was a prima facie  criminal case against all accused under various sections such as Cheating , forgery and criminal conspiracy, except  Suresh Kilachand whom passed away. 

Source : Mumbai Mirror (24-FEB-2014)