Investors tell mid-day that a Pune court in August 2023 has overturned an order freezing Rs 160-crore in the finfluencer’s company and this should be presented in front of the Bombay High Court
The accused couple Ashesh and his wife Shivangi Mehta. File pic
- Investors of Bliss Consultants told mid-day that the Rs 160 crore frozen
- The court stated it lacked jurisdiction to pass such an order as both parties
- They are hopeful that the court will consider the reversed order
Investors of Bliss Consultants, who have been left in a lurch after the arrest of directors Ashesh Mehta and his wife Shivangi Mehta, told mid-day that the Rs 160 crore frozen based on the arbitration decree order of the court which was later reversed. The court stated it lacked jurisdiction to pass such an order as both parties are from Mumbai, and hence city courts hold jurisdiction. Investors said the order passed in August 2023 should be brought to the knowledge of the Bombay HC, which is hearing the matter, and the next hearing is on February 22.
They are hopeful that the court will consider the reversed order, and if the Bliss Consultant’s account is unfrozen, they may recover their invested money at the earliest opportunity. The arbitration decree took place in Delhi’s Tis Hazari Court and the execution order was given by Pune’s Khed court which was later dismissed by the same court within 50 days as it lacked the jurisdiction. Now, the investors claim that due to judicial error, the amount of Rs 160 crore lying in the accounts of Bliss Consultants has been frozen.
Court order
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The Khed court order states that Kotak Bank objected to the court’s jurisdiction. The court believes this issue needs to be addressed early in the case without discussing its merits. The court noted concerns about fraud allegations against Bliss Consultants but focused on the territorial jurisdiction issue. The court observed that the Decree Holder filed the case within the court’s jurisdiction, but the execution order mentions an address in Mumbai. Similarly, the claim petition mentions an address in Mumbai. Therefore, the court concluded that the current execution proceedings cannot continue due to the lack of proper territorial jurisdiction.
Investors and experts speak
“The court initially awarded an arbitration decree in favour of Denron. This decision, however, was reversed 50 days later when it was revealed that the court lacked jurisdiction over the matter. This reversal set off a chain of unfortunate events for the Mehta couple, culminating in their imprisonment,” said an investor of Bliss Consultant.
The EOW, which arrested the Mehta couple last year, has been languishing in jail. File pic
“The initial decree led to the freezing of the Mehtas’ bank accounts, throwing their financial affairs into disarray. Investors, unable to have their claims honoured due to the account freeze, filed complaints against the couple. The situation worsened when, amidst this legal confusion, the Mehtas’ banker sought relief from the High Court. Despite being marked as “high on board” for each hearing, indicating urgency, the matter has failed to come up for review, leaving the couple’s accounts frozen and their legal woes unaddressed,” said another investor on the promise of anonymity.
“This case underscores a troubling aspect of our judicial system where a single oversight can lead to a catastrophic series of events for individuals,” remarked a legal analyst familiar with the case. “The fact that this error led to the incarceration of the Mehtas is a stark reminder of the real-world consequences of judicial missteps,” the investor added further.
“From the outset, it was evident to those familiar with the case that they had been unjustly trapped in a web of false cases orchestrated by individuals having strong political connections. This situation not only highlights a concerning miscarriage of justice but also raises serious questions about the integrity of our legal processes,” said investor Harshit Kumar Rastogi. “The sequence of events has been masterfully curated by someone with strong political links to trap Mehtas. Unfortunately, the significant flaws in our legal system have been exploited to destroy Mehta’s and their family,” said investor Jigar Vora.
“The arbitration was awarded in Delhi, and it was sought to be executed by the Pune’s Khed court. Denron manipulated the court by forging documents to obtain the execution order, even creating a fake address for their company in Pune to claim jurisdiction. The court ordered execution based on these fraudulent documents. However, when the jurisdictional issue was challenged, the Khed court dismissed the execution order, acknowledging its lack of jurisdiction,” said the couple’s lawyer, Hemant Gite. The couple, which arrested by EOW last year, has been languishing in jail since then.
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