Mumbai EOW has registered an FIR against a Matunga based Chartered Accountant and others on the complaint of his cousin brother for cheating him by forging partnership deed and taking over the firm in order to sell the assets and siphon off the monies.
It has been alleged that the brother Jitendra Makda cheated his cousin Bipin Makda to the tune of Rs 30 crore by selling the TDR obtained on the plot on the basis of forged documents. Police have registered a case in this regard and the case is being investigated by the Economic Offences Wing.
Plaintiff Bipin Makda claimed that his father Talakshibhai Makda, uncle Jethalal Makda and five others decided to venture into the real estate business together and the seven partners formed a joint venture firm Messrs. Dalia Industrial Estate. In which his father and uncle each had a 14 per cent stake.
According to Bipin Makda, all these partners together bought a large piece of land to develop in Oshiwara-Andheri West. In addition, five of the seven partners, including Bipin Makda’s father Talakshi Makda, had given a power of attorney to the sixth partner, Hirji Nanji Kenia in 1973. Under this power of attorney, late Hirjibhai Kenia was given all the powers including sale of this land.
According to information received from Bipin Makda, under the circumstances of the time, Messrs. Dalia industrial estate could not develop large plots of land and the individual plots divided according to the layout approved by the BMC were sold out. At the time of sale of this plot, internal road space leading to each plot was reserved as per the prevailing DC regulation. According to the complaint, the other accused and his brother, sold the land to a developer in 1979 on the basis of forged documents.
According to Bipin Makda’s complaint, his cousin Jitendra Makda conspired with his firm partner and kutchi samaj leader Hirji Nanji Kenia, (who had the power of attorney of five other partners of the firm) to forge partnership deed dated 1991 where all other partners retired except Hirji Kenia and his brother Jitendra Makda was admitted as equal partners.
Also in his complaint Bipin Makda said that his brother and Kenia executed and registered a deed of confirmation re-endorsing the 1979 deal with the developer. According to the sources, the developer paid stamp duty on the registration of the deed.
The buyer, Mehta when contacted, said he followed the due procedure in law and then got his name on the PR card in 2008. He said that when applied for TDR in the corporation, there were public notices and title verification which was done by the BMC. Mehta also added that he has sold this to one company and that company after handing hands twice, the TDR was sold to Hiranandani Constructions for Rs 10 crores, as against Rs 30 crores as alleged by Bipin Makda. Bipin Makda has alleged that he has been cheated by his brother and others.
Contacting Mukesh Mehta on the matter, he told this website that I am a genuine purchaser and have become a scapegoat in between the fight of the Makda brothers. Mehta has got anticipatory bail in the matter. EOW investigation officer Mahesh Kale said that FIR registered in this case and investigation is going on.
