RBF Nidhi Ltd.
1. Gist of the case:-
On the complaint lodged by Tr. Srinivasan to the CCB, Chennai on 20.09.1999 a case was registered in X Cr No. 1066/1999, U/s. 420,409 & 120 (b) IPC, later transferred to EOW on 22.01.2000. The Company Law Board appointed Chairman and Directors on 18.01.2000 and the Board functioned for the disbursement of the defaulted amount until 20008 October. But the Board was terminated and the case was handed over to the Official Liquidator and now presently the O.L. is looking after the recovery and disbursement by selling the proerties attached.
Liquidation:-
Company was provisionally liquidated on 17.04.06. Tr. Ponnunambi after the retirement of Gangadhar Rao is present Official Liquidator and has taken possession of the company assets. As per the Honorable High Court both CLB and OL are looking after the RBF Nidhi’s Administration from September 2006. Now the CLB is terminated.
II. Accused details:-
Total accused : 33
A1 - S. Subramani, (A/B)
A2 - P.S. Venkatesan, (Arrested)
A3 - A.G. Nirmal Kumar, (Arrested)
A4 - G. Hubbert Fenelon ( Arrested)
A5 - V.Ganasan ( Arrested)
A6 - K.N.R. Unni (Arrested)
A7 - M. Shyam Kumar (A/B)
A8 - Srinivasalu Reddy (A/B)
A9 - Murugabharathy (Arrested) and 24 others.
1.Arrested – 06
2. A/B. - 03
3. Surrendered - 17
4. Died - 01
5. Discharged - 02 and
6. Absconding - 01.
III. HIGH LIGHTS
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1. |
Total amount involved Rs. 467 Crores. |
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2. |
Total no. of depositors 2,02,812 |
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3. |
Police complaints Rs. 32 Crores ( 20 , 000 depositors) |
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4. |
Amount settled : Rs. 267,74,65,838 @ 48 % |
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5. |
58, 738 depositors got their full amount ( for deposits up to Rs. 5,000/-) |
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6. |
Last refund made during October, November and December 2009 |
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7. |
Remaining amount to be settled : Rs. 200,09,88,832/- for 1,44, 074 depositors. |
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8. |
A sum of Rs. 3 Crores is available with OL for the disbursement of the left out depositors of the 8 installments. New petitions are being received fromo suoch odepositors and is being disbursed. During the months of Jan, Feb, March and April lan amount of Rs. 1,86,Cr was disbursed to 4409 depopsitors. |
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9. |
6 separate police final reports were filed against 33 accused in CC Nos.11457,11458, 11459/02, 6411, 6412 and 12027/03 |
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10. |
Two CCs 6144, 6412/02 ended in conviction. |
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11. |
Seven accused convicted for two years imprisonment and Rs.10,000/- fine during March 2005. |
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12. |
Fast track Court confirmed the conviction during September 2006. |
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13. |
Criminal appeal filed by the convicted accused and is pending in Hon’able High Court. |
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14. |
Trial proceedings are pending in other C.Cs. in the CMM Court Egmore. |
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15. |
55 discharge petitions have been filed by the accused and arguments completed 7 accused discharged so far in which 7 revision cases against A12 Murughabharathy and five other borrowers namely Salim Basha, Altalf Basha, Birmal Kumar, Hubert Fenelon, Elias filed in the Principal Session court Chennai are penmding in M.P Nos. 956,957, and 5894 to 5898/2009 |
Due from Borrowers:-
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Name |
Principle due |
Remarks |
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M. Srinivasalu Reddy |
Rs. 170.00 Crores |
Suit disposed and amount paid |
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J.M. Panday |
Rs. 37.02 Crores. |
Suit pending in company court, SLP filed by the 3rd party is pending in the Supreme Court New Delhi. Imp leaded by the depositors association. The Counter to be filed by the O.L. is pending. . |
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Alsa Group |
Rs. 19.50 Crores |
Suit pending in company court |
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Pradeep Kothari |
Rs. 15.00 Crores |
Ordered to pay Rs. 20 Crores and paid. |
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Thiyagaraja Chettiar |
Rs. 8.55 Crores |
Ordered to pay Rs. 10 Crores and paid. |
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Other Borrowers |
76.48 Crores |
22 Civil Suits pending in company court and is being conducted by the O.L. |
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Total |
Rs.133Crores. |
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1. |
Total no. of borrowers :79 |
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2. |
Amount due from the borrowers Rs. 133 Crores (Principle and interest) |
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3. |
Sreenivasalu Reddy has paid Rs. 57,65 Crores and furnished corporate guarantee for Rs. 170 Crores. |
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4. |
He also filed consent memo before the Honorable High Court to remit Rs. 52 Crores matter admitted and disposed. He was acquitted in the CMM court trial in C.C.NO. 11457, 11458/2002 |
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5. |
Pradeep Kothari agreed before the Company Court and remitted Rs. 20 Crores and paid fully ) |
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6. |
Thiyagaraja Chettiar agreed for Rs. 10 Crores and paid. fully.. |
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7. |
For the remaining borrowers 22 suits are pending before the Company Court. Filed by the O.L. after taking charge of the disbursement in this case since the Company Law board was terminated on 31.10.2008. |
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SLP’s PENDING :-
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1. |
RBF, CEO Tr. Rajagopal and A1 –Subramaniam filed SLP against the orders of the 1st Bench, High Court fixing responsibility on the CMD Tr. Subramaniam and his son Murugabarathy ( Matter pending) |
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2. |
One SLP has been filed by Ex.CEO Rajagopal against the dismissal of the A/B/ orderd by the Honourable High Court ( Cr No. 28/05)was allowed and A.B. was granted with condictions The case is being Charged against the accused for the default of Rs. 1 Cr. |
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3. |
SLP 863//2008 filed by Bhuvaneswaran against G.O 809/2001 Mani and money group properties belong to Subramanian was disposed and SLP allowed too be heard in the Hon’ble High Court Chennai. . |
IV – DETAILS OF PROPERTIES :
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1. |
204 Properties have been attached worth Rs. 415 Crores ( of this Rs. 390 Crores worth properties belong to Srinivasalu Reddy who is acquitted, hence further properties are being identified). |
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2. |
3 GOs obtained in GO Ms No. 1215/2000 , 559 & 809 /01 and interimly attached by Chief Small Causes Court. |
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3. |
4 Company properties worth about Rs. 13 Cores are available for sale ( now with Official Liquidator) in which the Sale auctin conducted for Rs. 40 Crores was stopped for the 9th installment of 7% disbursement because the bidder of the property Velayutham went back after paying Rss. 28 Cr of the auction amount. The Company court ordered for the forfeiture Rs. 3 Crores from the bidder. |
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4. |
23 Properties in the name of the Chairman Surbmanian was attached and handed over to the O.L for valuation and auction of the same as per High Court order for the liability of the accused Subrmanian.The revaulation is to be done by the O.L. for auction. |
5. The other 3 properties are to ore valued in the petition filed by the O.L in the company court.
V. EFFORTS TAKEN BY EOW
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1.. |
6 final reports were filed of which 2 CCs ended in conviction. Fast track Court confirmed the conviction. |
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2. |
59 other Borrowers cleared their arrears except 22 suit cases pending for Rs. 133 Crores. Mega Borrower J.M. Pandey whose liability is Rs. 81 Crore now along with the interest for the loan amount of 37 Crores is pending for his counter and the NBW executed and he appeared in the court on 29.4.2009. |
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3. |
Following up the SLP’s pending before the Honourable Supreme Court of India. |
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4. |
Liaison with the OL with regard to the sale of the company properties. |
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5. |
To Expedite the collection of money from borrowers. |
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6. |
4 borrowers were arrested |
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7. |
One of the borrowers/ accused Pradeep Kothari returned from Arab Country, through Interpol and settled his due amount of Rs. 20 Crores during 2008 |
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8. |
Identification of personal properties is in progress. |
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9. |
Out of 55 individual Counters filed for the discharge petitions 22 were disposed and the proceedings are being expedited so as to commence trail. |
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10. |
To confirm the conviction before the Honourable High Court, Madras against the Criminal Revision petition pending filed by the six accused. |
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11. |
Steps are being taken along with OL to disburse the next 9th installment after June 2010. |
VI Latest development:-
So far 48 % of the deposit has been disbursed to all the depositors equally. The Official Liquidator did not receive enough bidders for the upset value fixed for the 4 properties available for the sale Hence OL has sought permission from the High Court for re-auction for the properties Kodambakkam High Road and Nungambakkam.
VII – Request to Depositors:-
For further information the depositors are requested to contact:-
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Official Liquidator, |
Official Liquidator,
RBF Nidhi Ltd, No.4, Durai samy Road,T.Nagar, Chennai -14.Ph.044-24346187 |
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Tmt.Anarkali Begum, Dy Supdt of Police, EOW -II, Chennai - 40 9443419650. |