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Forgery and Fabrication Of High Court Order A Serious Matter : Bombay HC Orders Registration Of FIR [Read Order]

Nitish Kashyap
15 March 2020 3:40 AM GMT
Forgery and Fabrication Of High Court Order A Serious Matter : Bombay HC Orders Registration Of FIR [Read Order]
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The Bombay High Court last month directed its registry to lodge an FIR before the Azad Maidan police station after Vasant Parakh, a Pune based businessman forged a favourable "stay order" in order to avoid attachment of his properties under the SARFAESI Act.

This is the second such instance in the recent past that a "forged order" has been found. Justice GS Patel last month had ordered a probe after a fabricated order in his name was found.

Division bench of Justice AA Sayyed and Justice PD Naik concluded that Parakh's writ petition was dismissed in September 2019 but the alleged "forged order" was passed in January 2020. Court said-

"The alleged order dated 28th January, 2020 purportedly passed in Interim Application No. 634-B-78/R/2019 in Writ Petition (ST) No. 20046 of 2019 is on the face of it a forged and bogus document. On 28th January, 2020 no such order was passed by this Bench. As a matter of fact no such Bench was constituted or sitting on 28th January, 2020. "

Vasant Parakh, his wife and son had taken a business loan from Tata Capital Finance Services Ltd in 2016 worth Rs. 2.03 crore. Two row houses in Pune had been mortgaged against the loan amount. Since the petitioner defaulted on the said loan, district court ordered attachment of his properties.

However, when the concerned officials went to attach the said properties, Parakh showed them the "forged order" stating that a stay had been granted by the High Court.

Thus, after perusing through the material on record, the bench ordered registration of an FIR. Court said-

"The forgery and fabrication of the order of the High Court is a serious matter which needs thorough investigation."

As TOI reported, the businessman and his son have now been arrested.

Click here to download order

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