High Court bench finds its 'interim order' to be fake; directs FIR be filed

In yet another case of a forged order of Bombay HC, a bench headed by Justice Amjad Sayed recently directed the court registrar to register an criminal case immediately with Azad Maidan police station after observing that a January "order" ostensibly passed by his bench, is fake.

Tata Capital Financial Services Ltd which had won a matter last September when a petition against it was dismissed had recently sought a hearing after pointing to an "interim order" of a stay in the same matter passed this January against it which it believed to be fake. An First Information Report (FIR) was registered with the Azad Maidan police station.

"On Jan 28, 2020, no such order was passed by this bench," a bench of Justices Sayed & PD Naik said on Febr 28. "As a matter of fact no such bench was constituted & sitting on Jan 28, 2020," said the bench in an order last month.

The petition filed by Parakh in which the alleged "interim order" was passed after its dismissal had sought "record of all suits filed by Tata Capital Financial Services from magistrate's court in Jaipur, district court in Pune & before an arbitrator." It had also sought orders to set aside orders passed by the Pune court, stay arbitral proceedings & to continue possession of property while "directing" Tata Capital Financial Services to "stop harassment".

The case of Tata Capital Financial Services was that Parakh & the two other petitioners had dues worth over Rs 2 crore & that a district collector had in June 2018 passed orders under Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest (SARFAESI) Act.

The High Court had last September dismissed Parakh's petition saying no such relief could be passed by it but that they had a remedy to go before the Debt Recovery Tribunal against measures taken by the Tata group company under Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest (SARFAESI) Act..

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