Final Order 1

Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 6201890/Misc./2025
Ashok Mane V/s. The State
ORDER BELOW EXH. 01
01] Applicant have filed present application to unfreeze his bank
account. It is submitted by the applicant that, Sewree Police station
lodged FIR bearing No. 0075 for the offence p/u/Sec. 420, 406 of I. P.
Code against Sameer Subhash Parulekar on the complaint of Bhagchand
Kimatram Advani (Original informant).
02] Brief facts of the complaint is as under :-
Bhagchand Kimatram Advani is the founder and director of Shree
Avadhutananda Underwater and Salvage Pvt Ltd company which was
registered in Mumbai in the year 2018. Divya Udaybhaskar Nair and
Sameer Subhash Parulekar were also the directors of the company
which is engaged in transport of ships in the Mumbai Harbour area and
facilitate the sea transport of other ships etc. Bhagchand Advani
purchased the ship/tugboat through Mumbai Port Trust for Shree
Avadhutnanda Underwater and Salvage Pvt Ltd from Kamlesh Hingad
Prop of M/s Garv International Company on 08/02/2019 for a price of
Rs. 21,49,555/-. Since Sameer Parulekar has experience in working
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with ships and other things at Sea, so he was appointed as a director to
look after the company’s operations in Mumbai. For the convenience of
the financial operations of the company, a bank account was opened by
the company at Kotak Mahindra Yoginagar, branch Borivali. The
authority to transfer money online for the company’s operations from
the account and the authority to sign the company’s operations from
that account and the authority to sign company’s cheque book were also
given to Sameer Parulekar. Further, Bhagchand Advani gave Sameer
Parulekar the responsibility of directly controlling all the work being
done at sea with the help of F. C. Pishtha Ship and M.T Sushil tug boat.
03] It is further contended in the application that, after the Corona
Pandemic, Sameer had informed by phone that the crane on the ship
was not working properly, due to which the Mumbai Port Authroity
cancelled the said agreement and received notice from Mumbai Port
Trust through email that M. T. Sushil motor tug boat is pending. He
tried to contact Sameer Parulekar on his phone. But he did not receive a
call. He came to Mumbai and when he reached the Kaulabunder jetty,
the F. C Vishwa ship was standing on the port but M.T. Sushil tugboat
was not seen. Then, he contacted Sameer Parulekar over the phone and
asked about the tugboat and he told that, he had given the tugboat to
someone to use. After some days informant came to know that, Sameer
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Parulekar sold the said tugboat to Mr Puneet Agarwal, the owner of
Puja Industries, Sewree, Mumbai. He contacted Agarwal who told
informant that he had bought said tugboat from Sameer Parulekar and
sold to Bajrang Crane Services. He lodged complaint against Sameer
Parulekar with Sewree Police station. As without consent Sameer sold
M.T. Sushil Tugboat to Puneet Agarwal. During investigation it was
revealed that, Sameer Parulekar sold tugboat at a price of Rs.
7,35,000/- to Puneet Agarwal and the amount was transferred online to
the account of Shree Avadhutananda Underwater and Salvage Pvt Ltd
with Kotak Mahindra Bank, Yoginagar, Borivali Branch, Mumbai without
consent of the company for his own financial gain.
04] Investigating officer and Ld APP raised strong objection to
defreeze said bank account alleged by the applicant as well as
respondent no. 02 raised objection stating that, accused Sameer
Parulekar without consent illegally sold M.T. Sushil Tugboat of
Avdhutnanda Underwater and Salvages Pvt Ltd of informant company
and committed fraud of Rs. 21,49,555/-. He further stated that, cost of
said boat is 1,25,00,000/- . Investigation is not completed, hence,
requested to reject the application.
05] On going through the record it is seen that, FIR filed alongwith
application discloses that, accused No.01 Sameer Parulekar was kept
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incharge on behalf of complainant to operate the transaction in respect
of ship which alleged to have been transferred by accused Sameer
Parulekar to accused no. 02 Puneet Agarwal on whose behalf said
application is filed. On going through account extract filed on behalf of
present applicant it reveals that, said account is a cash credit account
and outstanding amount of Rs. 90,21,756/- are seen outstanding
against the accused No. 02. It is case of the informant / respondent no
02 that, accused no. 01 Sameer sold said ship to accused No. 02 Puneet
for consideration of Rs. 7,35,000/- including GST. Further, Puneet
Agarwal transferred said ship to third person for more consideration
than paid to Sameer Parulekar by accused No. 02 and on which 18 %
GST has been paid. According to informant respondent no. 02 said ship
was alienated by Sameer Parulekar without his consent and therefore,
the consideration received by accused no 02 Puneet (for whom this
application is filed) is transferred to his account and said account is
freezed along with the account of the present applicant being
transferred with amount of Rs.5,00,000/- in the year 2020. The account
came to be freezed after the complaint.
06] On going through above discussions, it can be seen that, there is
dispute of earned amount by accused no. 01 and 02 in transacting with
the ship to the extend of Rs. 8 lac and said amount is already secured in
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application bearing No. 1298/MISC/2025 and therefore, I pass
following order:-
ORDER
1. Application is allowed.
2. Manager of Bank of Maharashtra Kanamwar Nagar, Vikhroli (E.)
Branch, Mumbai is directed to unfreeze the account no. 60129619176
as prayed by the applicant on execution of bond of Rs. 15,000/-.
3. Investigating officer is directed to comply the order accordingly
and communicate to this Court, communications he had done with the
bank.
(Nilesh N. Dhend)
Judicial Magistrate First Class
Dt: 04/09/2025 62nd Court, Dadar, Mumbai.
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