The PMO had directed the Secretary, Department of Financial Services (Banking Division) for action as appropriate in the matter of complaint against Kotak Mahindra Bank Limited, its MD & CEO Mr. Uday S. Kotak and other senior officials for alleging conspiracy, fraud and forgery of some documents. [Ref: Replies dated 03/09/2019 and 04/09/2019 from PMO with Registration No. PMOPG/D/2019/0318007 & PMOPG/D/2019/ 0320812]
It has been alleged in the complaint that the officials of the Bank in collusion and in connivance with each other, hatched a conspiracy and forged and fabricated documents including one affidavit and a power of attorney which were alleged to have been executed by one of the Bagla’s family member i.e. Mr. Bhupendra Bagla for mortgaging leased property against a unsecured loan and on the basis of which the Bank initiated recovery proceeding before the Ld. DRT.
Later on an FIR No. 0120/2019 dated 19/10/2019 has been registered at PS Barakhamba Road, New Delhi against Kotak Mahindra Bank Ltd and six other accused including Mr. Uday S. Kotak, MD & CEO, for their role in a scam of forgery of documents vide order dated 14.10.2019 of MM Patiala House Courts, New Delhi who has taken view that as matter requires investigation by police, several documents are to be collected and verified and number of persons are to be examined.
After registration of the said FIR for committing fraud and forgery by Kotak Mahindra Bank and others including Uday S. Kotak and Anand Mahindra, Bagla family has also filed a complaint with the Court of Chief Metropolitan Magistrate, New Delhi, under Section 200 r/w 190 Cr. P.C. for taking cognizance of offences Committed U/s 211 (IInd Part), 499/500, 501, 502 r/w 120B/34 IPC, against Kotak Mahindra Bank Ltd & others.
In the complaint apart from one Virendra Kumar Sharma, Kotak Mahindra Bank and its Directors & Company Secretary and other officers namely Mr. Uday Suresh Kotak, Managing Director, The Regional Manager, Kotak Bank (Delhi & NCR), Mr. Anand Mahindra, Mr. Shivaji Dam, Mr. Chengalath Jayram, Dipak Gupta, Ms. Bina Chandarana, Company Secretary, Mr. Chandra Shekhar Prasad (The Then Deputy Manager, Legal), Mr. Sanjay Kumar, Officer, Kotak Bank and CVIL Infra Limited and Bennett Coleman & Company Ltd., were made accused.
It has been alleged in the complaint that the above named accused in connivance with the each other, falsely implicated one Bhupendra Bagla son of Dr. Santosh Kumar Bagla (a renowned business family based at Mumbai & Delhi) in a criminal case by using forged and fabricated documents created and used by the above named accused.
It has been further alleged in the complaint that the averments made by the accused in this regard has resulted in multiple litigations and= publication, which are public documents and due to such malicious publication and false allegations, the reputation of complainant and Dr. Bagla’s family, got tarnished in the eyes of their friends, employees, business relations etc. It has been also alleged that the credibility built by the Complainant over a span of time, has been shattered due to leveling the false, frivolous, fictitious and baseless allegations against the complainant. The Court has been prayed to take cognizance of the matter and also prayed to punish the named accused as per law.
The matter was listed before the Court of Metropolitan Magistrate, Patiala House Courts, New Delhi wherein the Court has directed the complainant to file certified copies of the judicial record as relied upon and FIR lodged on the complaint of the accused, before the next date of hearing.
