IN THE COURT OF CHIEF, METROPOLITAN MAGISTRATE,

PATIALA HOUSE COURT AT NEW DELHI.

COMPLAINT CASE No. OF 2018

IN THE MATTTER OF:-

NARENDER KUMAR ARORA … COMPLAINANT

VERSUS

WASEEM AHMED KHAN & Ors. ….ACCUSED

P.S. :- E.O.W

INDEX

S.No. Particulars Page Court

Fee.
1. Memo of parties.

2. List of Witnesses

3. Complaint under section 200 of Cr.P.C.

alongwith Affidavut
4. List of Documents

5. Vakalatnama
Place:- Delhi COMPLAINANT

Date :- THROUGH

COUNSEL

SUDHIR KUMAR SINHA,

A-14, L.G.F., New- Friends Colony,

Delhi-65.
 IN THE COURT OF CHIEF, METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURT AT NEW DELHI.

COMPLAINT CASE No. OF 2018

IN THE MATTTER OF:-

NARENDER KUMAR ARORA … COMPLAINANT

VERSUS

WASEEM AHMED KHAN & Ors. ….ACCUSED

P.S. :- E.O.W

DISTT:- SOUTH DELHI

MEMO OF PARTIES

NARENDER KUMAR ARORA,

S/O LATE SH. R.K. ARORA
B-13, GREATER KAILSAH ENCLAVE-II,
NEW- DELHI-110048 …COMPLAINANT

VERSUS

1. WASEEM AHMED KHAN

S/O SH. HAJI TASLEEM AHMED KHAN,
RESIDENT OF 118-119, .
LAJPAT NAGAR,
MORADABAD,
 ALSO DIRECTOR OF M/S MULTIWAL PULP & BOARD MILLS
PVT. LTD.

2. SHADAB KHAN,
CHAIRMAN AND C.M.D,
M/S EARTHCON CONSTRUCTIONS
PVT. LTD.
REGD. OFFICE AT D-266 GF,
DEFENCE COLONY, NEW DELHI-110024

3. SHRI TANWEER OBAID,

DIRECTORS
M/S EARTHCON CONSTRUCTIONS
PVT. LTD.
REGD. OFFICE AT D-266 GF,
DEFENCE COLONY, NEW DELHI-110024

4. MOHAMMED SHOAIB,
DIRECTORS,
M/S EARTHCON CONSTRUCTIONS
PVT. LTD.
REGD. OFFICE AT D-266 GF,
DEFENCE COLONY, NEW DELHI-110024

5. UNKNOWN OFFICIAL OF
SREI INFRASTRUCTRE FINANCE LTD.
REGISTERED OFFICE AT VISHWAKARMA,
86 C, TOPSIA ROAD (SOUTH),
KOLKATA-70046,

Place:- Delhi COMPLAINANT

Date :- THROUGH

COUNSEL

SUDHIR KUMAR SINHA,

A-14, L.G.F., New- Friends Colony,

Delhi-65.
IN THE COURT OF CHIEF, METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURT AT NEW DELHI.

COMPLAINT CASE No. OF 2018

IN THE MATTTER OF:-

NARENDER KUMAR ARORA … COMPLAINANT

VERSUS

WASEEM AHMED KHAN & Ors. ….ACCUSED

P.S. E.O.W

DISTT:- SOUTH DELHI

LIST OF WITNESSES

1. Complainant.
2. Any other witnesses with due permission of the Hon`ble
Court.

Place:- Delhi COMPLAINANT

Date :- THROUGH

COUNSEL
SUDHIR KUMAR SINHA,
A-14, L.G.F., New- Friends Colony,
Delhi-65.
IN THE COURT OF CHIEF, METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURT AT NEW DELHI.
 COMPLAINT CASE No. OF 2018

IN THE MATTTER OF:-

NARENDER KUMAR ARORA … COMPLAINANT

VERSUS

WASEEM AHMED KHAN & Ors. ….ACCUSED

P.S. SAKET

DISTT:- SOUTH DELHI

COMPLAINT UNDER SECTION 156(3) READ WITH SECTION 190/200

OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR DIRECTION TO
REGISTER AND INVESTIGATE A CRIMINAL CASE AGAINST THE
AFORESAID PERSON FOR HAVING BEEN COMMITTED
COGNIZABLE OFFENCE UNDER APPROPIRATE SECTION OF
INDIAN PENAL CODE OR ALTRENATELY TRIED THE CASE AS
COMPLAINT CASE.

MOST RESPECTFULLY SHOWETH.

1. That the complainant has already filed a complaint on 18.04.2015 VIDE

DIARY NoD-10226 dated 16.11.2017 before the office of D.C.P./E.O.W.,
Delhi, New- Delhi in respect of offences, as mentioned in the complaint
dated 16.11.2017, committed by above named accused persons. However
 no legal action has been taken against them till date. The copy of said
complaint is annexed as Annexure C-1

2. That the facts and circumstance arising for filing of the present complaint
before this Hon`ble Court are hereinafter mentioned .

A. That M/s. Khoobsurat Resorts Pvt. Ltd., the Company, having its
registered office at premises No. 126. A, Tower-A, DLF Tower, DDA
District Centre, Jasola, New Delhi-110044, was incorporated on
04.09.1992 under the Companies Act, 1956 as a private ltd. company

B. That the complaint dated 16.11.2017 is primarily filed against the

commission of cognizable offences such as cheating, criminal
conspiracy, forgery etc. perpetuated by accused persons who have in a
systematized manner usurped illegal and de-facto control on the assets
and properties of the Company and also in blatant abuse of the trust
reposed upon him by the complainant who have got the property
mortgaged and also executed the mortgaged deed thereby alienated the
assets of the company in favour of SREI INFRASTRUCTRE FINANCE
LTD. , by taking a loan in favour of Multiwal Pulp and Board Mills Pvt.
Ltd and willfully defaulted in it`s repayment and still not paying the same
despite having capacity and ability to repay it. It is worthwhile to
mention here that the loan amount i.e. Rs 17.5 crores has been diverted to
purpose other than loan as availed thereby causing huge monetary loss to
the complainant. .
C. That in the months of December 2011, Sh. Waseem Ahmed Khan
( Accused No.1), approached the complainant with lucrative proposal to
purchase the land at Gulawati, Ghaziabad from M/s. Wise infrastructure
Pvt. Ltd. & M/s. Wise Industrial Park Pvt. Ltd. , which will benefit the
Company i.e. M/s. Khoobsurat resorts Pvt. Ltd. as the land in question is
being sold at throw away prices. For this purpose, A cheque of Rs 12.5
lakh, dated 13.12.2011 in favour of Sanjay . M. Kalatkar who was share
holder and also Director of M/s. Wise infrastructure Pvt. Ltd and M/s.
Wise Industrial Park Pvt. Ltd., was issued as an advance against the total
consideration of Rs 12.5 crores which was duly honored. The entire deal
was being finalized by accused No.1 and necessary documentation was
got prepared for purchase of the said land. However, accused No.1
informed the complainant that it is not possible to raise loan for purchase
of the land in the name of M/s Khoobsurat Resorts Pvt. Ltd. loan as the
turn over in the Company was not sufficient for the purpose. Therefore
he suggested and proposed that the documentation may be done in the
name of M/s. Multiwal Pulp and Board mills Pvt. Ltd. Further as the fund
were not available with the company it was proposed that a loan will be
raised from a non banking financial institution in the name of Multiwal
Pulp & Board Mills Pvt. Ltd. and the immovable property situated at
Moradabad, which is owned by M/s. Khoobsurat Resorts Pvt. Ltd. will
be mortgaged as collateral security against the said loan. It is submitted
that accused No.1 further promised the complainant that after taking
over of management and finalization of deal of M/s. Wise infrastructure
Pvt. Ltd and M/s. Wise Industrial Park Pvt. Ltd he will arrange the loan
in the name of those company against the property/assets of the same
companies and will repay the amount of 17.5 crores alongwith interest to
 SREI and for release of the mortgaged property of M/s. Khoobsurat
Resorts Pvt. Ltd.

D. That however the complainant was hesitant to agree the proposal of

accused No.1 as he and his family members were holding 100% shares
of M/s. Multiwal Pulp and Boards mills Pvt. Ltd. and there is no interest
of the complainant in the said company. On misrepresentation and
allurement by Accused No.1 that this is the only way to purchase the
said land as turnover of M/s. Khoobsurat Resorts Pvt. Ltd. was not
sufficient to raise the loan of such amount. Further, the accused No.1
assured that after release of the loan, said land i.e. the properties of M/s.
Wise Infrastructure Pvt. Ltd and M/s. Wise Industrial Park Pvt. Ltd. will
be transferred in the name of M/S. Khoobsurat Resorts Pvt. Ltd.

E. That thereafter, the entire documentation was prepared by accused No.1

him as per their preference and convenience and raised loan of Rs 17.5
crores from SREI Infrastructure Finance Ltd. in the name of M/s.
Multiwal Pulp and Boards Mills Pvt. Ltd and the property of M/s.
Khoobsurat Resorts Pvt. Ltd. was mortgaged as security in favour of
SREI Infrastructure Finance Ltd.. It is further submitted that the funds
were handed over by SREI INFRASTRUCTRE FINANCE LTD. to
M/s. Multiwal Pulp and Boards Mills Pvt. Ltd. for development of land at
Gulawati, Gaziabad of M/s. Wise Infrastructure Pvt. Ltd and M/s. Wise
Industrial Park Pvt. Ltd. It is not out of context to mention herein that the
funds as handed over to Wassem Ahmed Khan have not been used for
the development of land with the connivance of other named d persons
including official of SREI infrastructure finance Ltd. .
F. That after taking over the management of M/s. Wise Infrastructure Pvt.
Ltd. and M/s. Wise Industrial Park Ltd., the complainant requested
accused No.1 to get the land/ assets of Companies to be transferred in
the name of M/s. . KHOOBSURAT RESORTS PVT. LTD. as agreed,
but he always lingered the issues by saying that at this stage, it is not
possible to transfer the land of companies which have been taken over
by accused No.1 however, again assured the loan/outstanding dues
against property of M/s. Khoobsurat resorts Pvt. Ltd. will be repaid by
M/s. Multiwal pulp and Board Pvt. Ltd. The evil motive of accused No.1
started showing that he has actually duped the complainant by getting
the signatures on the loan documents of SREI infrastructure Finance Ltd.
as Director of Khoobsurat Resorts Pvt. Ltd. and felt cheated.

G. That Accused No.1 deliberately not repaying the loan raised in the name
of Multiwal Pulp & Boar Pvt. Ltd. and is raising fresh loan on
land/property in name of his family members particularly in name of
his second wife Mrs. Khatija Khan to the tune of 300 crores. However,
the Complainant came to know that Accused No.1 arranged further loan
against M/s. Wise Infrastructure Pvt. Ltd and M/s. Wise Industrial Park
Pvt. Ltd. and did not pay the loan as borrowed from SREI. This fact
has come to knowledge in the month of November, 2017.

H. That the accused No.1 intentionally failed to get the mortgaged property
redeemed because he had the interest in the M/s Multiwal Pulp and
Boards Pvt. Ltd. and has not suffered any loss on account of the
borrowing and the entire brunt of the borrowing has deliberately made to
fall upon the property of M/s. M/S. KHOOBSURAT RESORTS PVT.
 LTD., by letting it auctioned by officials of SREI in connivance with the
accused no.1 .

I. That complainant came to know that due to willful default of accused

no.1 and his associated companies, SREI INFRASTRUCTRE FINANCE
LTD. had put the property of company in the auction and accused no.1
further hatched a conspiracy to grab the land and cheat shareholder of
M/s. Khoobsurat Resorts Pvt. Ltd. with a company known as Earthcon
Construction Pvt. Ltd., having its regd. Office at D-266, Defense
Colony, New Delhi- 110024, and also at T-70, DDA Flats, Sector-7,
Jasola vihar, New delhi. It is not out of context to mention herein that
accused No.1, Shadab Khan, accused No.2, chairman and C.M.D., of
Earthcon Construction Pvt. Ltd. and Mohd. Sohaib Sheikh, ( accused
No.3) Director of Earthcon Construction Pvt. Ltd., are well known to
each other for past more than 10 years and therefore the connivance and
criminal conspiracy to grab the property of complainant cannot be ruled
out, as the only bidder, who submitted his bid and the same had been
declared as successful bidder in connivance with accused No.1. As
accused No.1 is in no way sufferer and the entire loss is to be borne by
the complainant only. This illegal action has been taken in connivance of
all the accused persons as named above only to grab the property of M/s
Khoobsurat Resorts Pvt. Ltd. with the help of officials of SREI
INFRASTRUCTRE FINANCE LTD. as accused no.1 was known to
employees of SREI through some financial consultants Mr. Dass Gupta.

J. That the facts and circumstances as hereinafter mentioned under sub-

para revealed the commission of offence of criminal conspiracy as well
 as cheating, criminal breach of trust by all the accused persons including
Official of SREI INFRASTRUCTRE FINANCE LTD. under the garb of
Corporate guise.

i) That during the pendency of the Securitization application filed by the

complainant before DRT Lucknow, the official of SREI
INFRASTRUCTRE FINANCE LTD. without any notice and
information, to the complainant as stipulated in Rule 8(6) of
SARFAESI Rules proceeded to auction. That official of SREI
INFRASTRUCTRE FINANCE LTD. conducted the auction dated
19/08/2015 with respect to the immoveable property in question
situated at Moradabad in absolute defiance of the provisions of the
SARFAESI Act and the Rules framed thereunder.
ii) That official of SREI INFRASTRUCTRE FINANCE LTD.
deliberately dispatched an envelope on 17/08/2015 with a note on it to
be delivered on 18/08/2015 before 12 noon at the office of M/s.
Multiwal Pulp and Bord Mill Pvt. Ltd. It is submitted that the said
envelope contained sale reminder notice dated 31/07/0215, sale notice
dated 10/07/2015, copy of digital edition of newspaper publication of
sale notice and copy of sale notice dated 07/07/2015. That from a
perusal of the endorsement made on the envelope containing the
notices, the courier receipt as well as from the track report of the
courier, it is established beyond doubt that the sale notices dated
31/07/2015, were not served upon the complainant but courier receipt
was arranged only to show for on records by the official of SREI
INFRASTRUCTRE FINANCE LTD. A copy of sale notice was
posted only on 17/08/2015 and the same was delivered at the
 complainant at Delhi only on 18/08/2015 a day prior to the auction.
The said auction notice was never served upon the Borrower/Multiwal
Pulp & Board Mills Pvt. Ltd. which is in complete violation of Rule
8(6) of SARFAESI Rules as mandated and prescribed notice of 30
days.
iii) That it is clear from the facts narrated above that 30 days individual
notice upon M/s. Multiwal Pulp and Board Mill Pvt. Ltd. has not
been complied with as required under Rule 8(6) read with Rule 9(1) of
SARFAESI Rules, 2002 further read with dictum of the Hon’ble
Supreme Court in the case titled as Mathew Varghese Vs. M. Amritha
Kumar & Others which itself vitiates the sale notice and also
subsequent actions in pursuance of the said sale.
iv) That the official of SREI INFRASTRUCTRE FINANCE LTD. also
intentionally published auction notice at Delhi and Bareilly instead of
Moradabad, the auction of the property in question knowingly was
planned by accused persons so that no other bidder shall participate in
bid and accused no.1 and 2 will achieve their evil design which they
did as no other bidder participated in the auction in the manner it was
conducted.
v) That as per security enforcement rule 2002, Rule 9(3) prescribes that
on every sale of immovable property the auction purchaser i.e. M/s
Earth Construction Pvt. Ltd. shall immediately deposit twenty-five
per cent of the amount of the auction price to the authorized officer
conducting the auction as per procedure and in default of such
deposit, the amount deposited as earnest money shall be forfeited
and the property shall be put to auction again but It is submitted
that in this case M/s. Earthcon Construction Pvt. Ltd. has paid 15%
 i.e. Rs. 1,89,41,348 on 26/08/2016 i.e. 6 days after the auction was
conducted as the auction took place on 19/08/2015. It is also
submitted that it was obligatory upon auction purchaser to deposit
25% immediately which does not include 10% earnest money on the
day the auction was conducted on 19/08/2015 and therefore, there is a
violation of Rule 9(3) which again shows the criminal conspiracy
amongst accused persons.
vi) That Rule 9(4) of SARFAESI Rules, 2002 prescribes that the balance
amount of purchase price shall be deposited by the auction purchaser
to the authorized officer on or before the fifteenth day of confirmation
of sale of the immovable property or such extended period as may be
agreed upon in writing between the parties. It is submitted that in the
case at hand the sale was confirmed and sale certificate was issued by
official of SREI INFRASTRUCTRE FINANCE LTD. on
01/09/2015, therefore the auction purchaser had to deposit the
balance 75% by 16/09/2015 whereas the auction purchaser paid a sum
of Rs. 3,12,000 on 15/10/2015, Rs. 6.00 crores on 15/10/2015 and Rs.
1.5 crore on 15/10/2015 totaling to Rs.7,53,12,000 after 45 days from
the sale was confirmed which is a complete violation of Rule 9(4) of
SARFAESI Rules, 2002 with the involvement and conspiracy of
accused persons and again constant support of official of SREI
INFRASTRUCTRE FINANCE LTD to Earthcon Construction Pvt.
Ltd.

K. That it is also to be noted that counsel of both i.e SREI infrastructure

Finance Ltd. and Earthcon Construction Pvt. Ltd are being represented
 before different Forum and Courts, by the same law firm i.e Diwan and
Company (Law Firm) situated at Nizamuddin, Delhi, which clearly
shows conspiracy amongst the accused persons.

L. That the accused No.1 had issued post-dated cheques in favour of SREI
INFRASTRUCTRE FINANCE LTD. and the same were intentionally
dishonored and criminal complaints had been lodged under section 138
of NI Act but no proper action u/s. 138 of N.I. Act has been taken by
officials of SREI INFRASTRUCTRE FINANCE LTD. to recover the
loan from M/s Multiwal Pulp Boards and Mill Pvt. Ltd since 2013. It
clearly shows connivance between accused No.1 And official of SREI
INFRASTRUCTRE FINANCE LTD. to grab the property of
complainant. Further no money was recovered till date against cheque
since 2013 to support evil design of accused persons.
M. That from the above facts and circumstances, it is apparent that the acts
of accused persons were adversely affecting the rights and interest of the
Complainant and acting in a manner which is not only in contravention
with the provisions of the companies Act, 2013 but falls clearly within
the ambit of cheating and criminal misappropriation as provided under
the Indian Penal Code.
N. It is also stated that the complainant was hesitant to mortgage the
property of the Company in favor of SREI INFRASTRUCTRE
FINANCE LTD. for any loan in favor of any M/s. Multiwal Pulp and
Board Pvt. Ltd. However, on the assurance of accused No.1 khan that
after taking over management of M/s. Wise Infrastructre Pvt. Ltd and
M/s. Wise Industrail Park Ltd. or purchase of the land deal in the name
of M/s. Multiwal Pulp and Boards Pvt. Ltd., the assets/land will be
 transferred in favour of M/s. M/S. KHOOBSURAT RESORTS PVT.
LTD. The complainant agreed to execute the documents as desired and
got prepared by accused No.1 and was trapped who raised loan of Rs.
17.50 crores against the property of Khoobsurat Resorts worth more than
25.00 crores and was got auctioned by the accused persons for a meager
amount of Rs. 10.53 crores resulting in wrongful loss the complainant
and his family.

O. That the complainant has met the accused no.1 on several occasion and
requested him to repay the loan to SREI INFRASTRUCTRE FINANCE
LTD. and settle the issues to get the property of the M/s. M/S.
KHOOBSURAT RESORTS PVT. LTD. redeemed but they flatly
declined and asked the complainant that they may take any action as they
wish.

P. That it came to the knowledge of complainant that before raising the loan
from SREI Infrastructure Finance Ltd., and purchasing from M/s. Wise
infrastructure Pvt. Ltd. and M/s. Wise Industrial Park Pvt. Ltd., accused
No.1 had already entered into understanding with M/s. Wise
Infrastructure Pvt. Ltd. and M/s. Wise industrial Park Ltd., and became
director on 06.12.2012 and thereby not only the cheated the complainant.

Q. That it appears that he has been diverting the funds from India and likely
to be permanently fled away from the country thereby also causing great
loss to public exchequer.
 R. That from the above mentioned it is abundantly clear that the accused
persons in conspiracy with one another have cheated, criminally
breached, the complainant shareholder of the hard earned money and
committed egregious violations under the Indian Penal Code.

S. That a bare perusal of the above mentioned contents, prima facie depicts
the commission of cognizable offences by the accused and therefore, it is
prayed that an FIR be registered against the accused persons under
relevant sections of the Indian Penal Code and any other applicable laws.

3. That as stated above , being aggrieved of the inaction of official concerned

of E.O.W., Delhi Police, Saket, the complainant has no option except to

approach this Hon`ble Court for appropriate relief.

PRAYER

In view of facts and circumstances stated above, it is respectfully

prayed that this Hon`ble Court may be pleased to :-

i) Direct the official of E.O.W, Delhi Police, Mandir marg , New-

Delhi or any other competent authority to register a case against

the accused person under appropriate sections of Indian Penal

 Code and further direct them to investigate the offence in

accordance with law.

ii) Or, alternately, summon and try the accused person in

accordance with law.

iii) Such other order as the Hon`ble Court deems fit.

COMPLAINANT

THROUGH

COUNSEL

SUDHIR KUMAR SINHA,

A-14, L.G.F., New- Friends Colony,

Delhi-65.