Sunday, September 29, 2013

creditor & wife send doctor to jail!! house gone & doc runing to courts!! Educated men this is marriage, loans !!!

creditor & wife send doctor to jail!! Doc's house is gone & the doc is runing from court to another court!! 

Educated men beware of marriage & loans !!!


Insolvency or farce, HC to decide doctor's case

Swati Deshpande, TNN | Sep 29, 2013, 04.45 AM IST

MUMBAI: In a courtroom drama of a mini-series proportion, a jailed Mumbai doctor claiming insolvency sought protection from incarceration in cheque-bouncing cases, his former wife rued that he has ruined her life, and a creditor contended that the divorce was staged to escape liability. The arguments took place in the Bombay high court on Friday.

In 2008, Dr Pankaj Gandhi (59), a homeopath, had moved the HC to be declared an insolvent as he was unable to pay his debts of Rs 47 lakh. Rohit Sanghvi, a creditor who is related to Dr Gandhi, challenged a 2009 order of the insolvency registrar adjudging him insolvent. Sanghvi claimed that Dr Gandhi owed him over Rs 20 lakh and is seeking the execution of a 10-year-old decree. He also sought attachment of Dr Gandhi's flat in Seven Bungalows, Andheri (west).

On Friday, when the matter came up before Justice S J Kathawalla, Dr Gandhi was brought to court from a Pune jail. His former wife said she had rights to the flat, a joint Hindu undivided family (HUF) property.

In 2001, the Bandra family court had passed a protective order against dispossession and hence, she said, it can't be attached. Sanghvi disputed the claim and said it was a means to prove insolvency.

Justice Kathawalla asked if they would like to settle matter amicably. But as the parties remained roiled, the judge then heard counsel Ashutosh Kumbhakoni, an amicus curiae.

Kumbhakoni said that it was necessary to "conclusively determine" whether the flat belongs to Dr Gandhi or is a HUF property. "It must also be determined if the matrimonial proceedings between Dr Gandhi and his wife [that began in 1996] were collusive and if collusive orders were obtained."

Kumbhakoni said there was evidence on both sides. A watchman of the building has said that Dr Gandhi lived in the flat, while the society secretary was not aware. "There is no documentary evidence to show creation of the PC Gandhi HUF when they got married in 1984, as claimed. The flat also stands in Gandhi's name," he said.

The case has several interwoven plots. In 1996, Sanghvi, after breaking and entering the flat, filed a suit to restrain the Gandhis from occupying it. After losing in the SC, he withdrew the suit. But in 2003, Sanghvi got a decree for a 1999 suit to recover Rs 5 lakh given as friendly loan to Dr Gandhi. The cheques in return bounced and Sanghvi filed a cheque-bouncing case which resulted in a conviction in 2005.

The execution is still pending and Dr Gandhi's wife has intervened in the matter with several requests, including one to the President of India, to have the matter placed before another judge for want of confidence in the one hearing it.

The HC adjourned the matter to October 15 to decide on the HUF aspect. The judge said if it is not a joint property, then Dr Gandhi can't claim insolvency.


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