Nation’s Biggest Franchisee Scam: Apex Court issues Notice to Central Investigation agencies, Finance Ministry and Home Ministry
(Judicial Quest News Network)
The Apex Court has issued notice in a plea seeking the investigation by all the central investigation agencies involving the nation’s biggest franchisee.
The petitioner seeking investigation by CBI, ED and SFIO or a SIT consisting officers of Enforcement Directorate, Serious Fraud Investigation Office, Economic Offence Wing and Crime Branch to investigate money laundering, benami transactions, black money hoarding, fraud including corporate fraud, cheating, mischief, forgery, criminal breach of trust, dishonestly inducing delivery of property, cheating by personation, falsification of accounts, concealment of property and dishonest misappropriation of property by directors, partners and beneficiaries of the Westland Trade Private Limited. Petitioners are also humbly requesting this Hon’ble Court to appoint a receiver or a forensic auditor and pass appropriate directions for recovery of petitioners hard earned money, looted by cheaters and fraudsters.
A bench comprising Chief Justice SA Bobde, Justice AS Bopana, & V. Ramasubramanium has issued notice to Home Ministry, Finance Ministry, ED, SFIO,Police Commissioner Delhi, Gurgaon and Noida.
The petition was filed by Advocate Ashwini Kumar Upadhyay, Senior Advocate Gopal Shankar Narayan appeared for the petitioner despite various complaints no action was being taken against the fraudsters.
Altogether 38 persons had filed this petition stating the Nation’s biggest Franchisee Scam.
The petition avers that when petitioners came to know that Westland Trade Pvt Ltd is fake, bogus and ghost company and this is not a normal case of mischief forgery criminal breach of trust, dishonestly inducing delivery of property, cheating by personation, falsification of accounts, concealment of
property, dishonest misappropriation, corporate fraud, benami transaction and black money hoarding but biggest franchisee scam of India, committed by an organized international racket of money launderers, cheaters and fraudsters. The company was registered on 26.4.2019 as ‘Westland Trade Private Limited’, Plot 355, Village Wazirpur, Patudi Road, Gurugram and Head Office is: E-29, 1st Floor, Sector 63, Noida-201301.
The injury is large because under a well planned conspiracy, directors, sleeping partners and employees deceived the petitioners by fraudulently and dishonestly inducing them to deliver their hard earned money thereby causing injury to not only mind body and
property but also right to life, liberty, dignity, and trade guaranteed under Article 19 & 21. In collusion with ROC & Bank staff, directors partners and employees made false documents and electronic records with intent to cause injury to petitioners and commit fraud. They dishonestly and fraudulently made, signed and executed documents and made electronic records with intention of making petitioners believe that contracts were genuine and executable.
The Petitioner further submitted that company is enforcing Force Majure clause listed in the agreement and there will be no payments for the month of April-May. This was strange because even during the lockdown, Grocery stores were open and the business was as usual’s
By May 2020, petitioners started digging more to understand who was actually running the company and soon a lot of scary information started coming out. All email IDs started bouncing back.
One Mr Arun Modi kept threatening us and now he is also not reachable. The only communication happens is through whatsapp status. Mr. Modi sends us information on whatsapp asking us to lodge FIR against employees, claiming they defrauded him and they took all money. Mr. Modi through whatsapp status communicated recently that he needs 6 months to pick up the business or else he will file for bankruptcy and none of us will get anything.
Investigation by CBI is essential because active directors’ of these fake and bogus companies are pawn and real criminal conspirators are high profile powerful politicians. ROC Officers, Bank Employees and Charted Accountants are also involved in this racket. Cheaters and fraudsters have created many fake-ghost companies throughout the country i.e. (i) Westland Trade Private Limited, 335, Wazirpur, Pataudi Road, Gurugram-122505 (ii) Southland Retail Pvt Ltd, C-50 Sector-65 Noida-201307 (iii) White Blue Retail Pvt Ltd, B40, Sector 64, Noida-201307 (iv) Hyper Supermarket, 311, Info park, TBC, Kaloor, Kochi-682017 (v) Louis Unisex Salon, C-50, Sector-65, Noida-201307 (vi) Franchisee World, E-172, Sector 63, Noida-201307; (vii) H Mart, 29-42-26, SBI Colony, Daba Garden, Vishakhapatnam etc. and victims are also from all over country.
Petitioners’ right to trade guaranteed under Article 19 and right to life guaranteed under Article 21 has been severely infringed and fair and speedy trial is impossible without fair & complete investigation. The scam has national and international ramifications as this is the biggest franchisee scam of India, done in the name of Startup India, which is well-known scheme, launched by Centre. The investigation by CBI, ED and SFIO is not only necessary for fair and impartial investigation but also to give credibility & instill confidence among public at large. Powerful politicians have to be investigated and such an investigation would be the best option as these agencies are the most competent, transparent and credible investigating agencies. Investigation by CBI, ED, SFIO is essential because petitioners submitted complaint to CP-Noida on 24.07.2020 but Noida police has lodged only 8 FIRs. Moreover, it has not used right IPC sections i.e. Section 120B, 405, 406, 419, 420, 463, 464, 465, 467, 468, 469, 471, 472, 473, 474, 503, 504, 506. It is a crystal-clear case of money laundering, benami transactions, bribery, black money, but despite repeated requests, police has not communicated to CBI, ED & SFIO.
