Mumbai: Man who duped a bizman allowed to travel abroad before trial

N A Gala

Back in 2010 when Colaba-based businessman N A Gala trusted his friend and shelled out Rs 20 lakh for two MHADA flats, he didn't know that his struggle to get back that money would not meet its logical end even after nine years. What is worse is that one of the seven accused, who cheated him of the money, has managed to get the sessions court's permission to travel to Zimbabwe for three months, delaying the case's trial which has not even started.

On July 22, accused Pinak Shah, 31, flew to Zimbabwe sighting business-related work. The court granted the accused permission to travel till October 25, 2019, after he deposited Rs 2 lakh to the court registry as security before leaving India.

In its December 14, 2018, edition mid-day had reported about how almost after six years of the matter, Gala was forced to file a private complaint before the Esplanade Court. Thereafter, the Colaba police registered an FIR against the seven accused - Nenshi Shah, Shantilal Shah, Lalji Shah, Subash Shah, Pinak Shah, all Vile Parle residents; and two others Shinde and Pawar, who posed as MHADA officials. However, even before they could be arrested, the accused managed to get anticipatory bail.

Court argument

During the hearing on July 18, Mangesh Arote, assistant public prosecutor, had objected to Shah's request to travel abroad. He had said that the applicant (Shah) had not given his travel itinerary and the reasons mentioned in his application were not proper for granting permission. He also argued that if the applicant was allowed to stay abroad for three months, then it would hamper the case's progress.

Advocate Sahil Sayed, who represented Gala as intervenor, said, "According to sources, the applicant's family is in the process of winding up their business in India and plans to settle down abroad permanently." He further argued that the applicant's company - M/s Euro Ceramics - had taken huge loans from financial creditors with an intention to defraud them. In response, Shah's lawyer, Abad Ponda, said that his client's wife would stay in India for the period of his travel and that he would provide the itinerary to the police station concerned before leaving.

Granted permission

After hearing the arguments, P P Rajvaidya, additional sessions judge, allowed the applicant to go to Zimbabwe and directed him to deposit Rs 2 lakh with the court registry. He had asked Shah to furnish his travel itinerary and provide his mobile number and email ID that he would be using during his stay in Zimbabwe to the police station concerned. The court had also asked him to report to the police station within 48 hours of returning to India.

The case

Gala, who runs a mobile accessory outlet in Colaba, had come to know about two MHADA flats in 2010 while he was discussing it with his childhood friend Nenshi and Lalji, who posed as commission agents of MHADA. The duo promised to get him two flats in Andheri East for a payment of Rs 20 lakh. To gain his confidence further, they introduced Pawar and Shinde, who posed as MHADA officials. They had even taken Gala to the flats, the keys to which were arranged by another accused Subhash Shah. Trusting his friend and the others, all of whom hail from the same village in Gujarat, Gala paid Rs 20 lakh in two installments to them. But when he asked for receipts of the payments, Nenshi said there was no need for it as the allotment process was on. After that all the accused became unreachable and stopped answering his phone calls as well.

'The accused have taken loans from various financial institutions and cheated many people. Now they are trying to leave India permanently so that all the money can be transferred abroad through various channels'

Nilesh Gala, complainant's son

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