Friday, February 4, 2022

HEERA GOLD SCAM | NOWHERA SHAIK TAKING SUPREME COURT FOR GRANTED | CALLING OUT ASG SHRI. S.V. RAJU

JANUARY 11, 2021 – NOWHERA SHAIK – UNDERTAKING
Page #2 – Point #1
    PROMISE TO PAY/SETTLE:  Learned senior counsel for the petitioner (s) on instructions states that if the petitioner is enlarged on interim bail for a period of six weeks, the petitioner/petitioners will settle the accounts of all the complainants and come with a scheme to repay all the others.


JANUARY 19, 2021 – SUPREME COURT’S INTERIM BAIL ORDER
Page #3
    BAIL & CONDITIONS:  It is towards the aforesaid endeavor that we are willing to enlarge the petitioner on interim bail as a probation period for her to show her bona fides to settle the claims of the investors making it clear that lack of strict compliance will take her to the four corners of the custody once again with little chance of getting out thereafter.

Page #3 – Point #2
    BAIL & CONDITIONS:  The enlargement for six weeks is to ensure that the petitioner abides by the undertaking given through her best friend that she will meet the liabilities of all the complainants as on date i.e., cases where charge sheet has been filed or complaints have been made and this amount would be satisfied in toto.

FEBRUARY 24, 2021 – NOWHERA SHAIK – APPLICATION SEEKING EXTENSION OF INTERIM BAIL

MARCH 1, 2021 – NOWHERA SHAIK – APPLICATION SEEKING EXTENSION OF INTERIM BAIL

MARCH 5, 2021 – SUPREME COURT’S RECORD OF PROCEEDING:
Point #2
    DATA:  Insofar as State of Telengana is concerned, we fail to appreciate why the documents which were sought for by the petitioner from the I.O. to verify the claim of 347 investors have not been handed over. If the original documents have been filed with the charge sheet and some documents have been sent to the FSL, still copies of the documents would be available.  On our query, Mr. Basant, learned senior counsel states that the copies of the documents including copies of the hard disk will be handed over within two weeks to the petitioner to facilitate her verification of the amounts.

Point #4
    RENT FROM ATTACHED PROPERTIES:  It is also pointed out to us by learned senior counsel for the petitioner that the rents which are being received from the Mall are being kept in a separate account though they would be required to settle the claim of the investors. We see no reason why those amounts should be kept in a separate account and they should also be brought to the account from which the settlement of the claim of the investors shall take place.

Point #5
    DE-SEALING OF ATTACHED PROPERTIES:  Learned senior counsel for the State states that the office of the petitioner is lying sealed and that she needs access to the office.  In our view, no purpose would be served now by keeping the office indefinitely sealed and the office should accordingly be de-sealed to facilitate the petitioner to take steps as may be required as we have observed that if it is possible to run the business and facilitate the investors being satisfied, that is a course of action which would be appropriate. 

APRIL 19, 2021 – NOWHERA SHAIK – AFFIDAVIT OF COMPLIANCE BY PETITIONER

MAY 3, 2021 – NOWHERA SHAIK – THIRD AFFIDAVIT OF COMPLIANCE BY PETITIONER
Point #15
    CLAIMS OF PAYMENT:  That not only the cheque issued to the complainant are ensured, but also within this short period more than 2500 non-complainants claim have been verified with the help of GO DADDY and have now been paid.

Point #16
    CLAIMS OF PAYMENT:  That the deponent as per the terms of the contract, as explained herein above in para 7 a settlement of gold unit as purchased by investors have been undertaken with more than 1300 investors as per their liking. The some of the Copies of the Settlement Letters of Non- Complainants with the Petitioner dated between 01.3.2021 to 2.3.2021 is annexed and marked as ANNEXURE P-7. [Page 69-78].

JUNE 30, 2021 – NOWHERA SHAIK – FOURTH AFFIDAVIT OF COMPLIANCE BY PETITIONER
Point #13
    CLAIMS OF PAYMENT:  That various investors responded to the aforesaid options and thirteen hundred (1300) investors settled their claim by taking physical gold or gold items, like jewelry and other gold products, as these gold products were lying in various showrooms of the petitioners in its various malls/ marts, as were seized by the Respondents Authorities and after de-sealing the same, these were available for such settlements. The authorities were aware of these facts, as the same was evident by seizure memos. About 7000 investors have either settled for total or partial withdrawal and the same were paid by cheques from the accounts of the petitioners companies.

Point #20
    CLAIMS OF PAYMENT:  As evident from the above-said compliance report, the petitioner is regularly paying to the investors, those who have joined the petitioners company through the link created for the purpose, and till now settled with gold for more than 1300 investors, paid through cheques to more than 7000 investors (the said figure was 2500 at the time of filing earlier report) either partially or fully as per investors choice. 

AUGUST 3, 2021 – NOWHERA SHAIK – ADDITIONAL AFFIDAVIT
Point #3
    CLAIMS OF PAYMENT:  That fourth Compliance Report/Affidavit has been filed by the Petitioners on June 30, 2021 in compliance of the order dated 6.5.2021 passed by this Hon'ble Court. Fourth Compliance Report/Affidavit was up to 30.6.2021 along with supporting documents, bank statement of cheques deposited and en-cashed by the complainants.  Additional documents of 500 Payment Letter/receipts out of 8000 Payment Letter/Receipts have also been filed by petitioners as exemplar showing payment made to about 8000 plus Complainants and Non-Complainants till then.

AUGUST 5, 2021 – SUPREME COURT ORDER – JANUARY 19, 2021 ORDER MADE ABOSLUTE
Page #4
    WORKABLE ARRANGEMENT:  Mr. Surya Prakash V. Raju, learned Additional Solicitor General submits that he will endeavor to coordinate with the State Authorities and the private respondents to see if a workable arrangement can be made to look into the interest of the investors so that the maximum amount be paid to the investors to the extent it is feasible. State Authorities should also coordinate with learned ASG in the matter.

SEPTEMBER 22, 2021 – NOWHERA SHAIK – ADDITIONAL AFFIDAVIT
Point #4
    CLAIMS OF PAYMENT:  That in consonance of the undertaking given by the pairokar of the petitioners namely Late Mr. Mohammad Saleem before th1S Hon'ble Court, it is most humbly submitted that the petitioner is paying to its investor regularly after due verification and even after the date of submission of the fourth compliance affidavit, the petitioner has paid to its investors who had registered with the link provided by the petitioner.

Point #6
    CONFLICT IN VERIFICATION OF COMPLIANCE – PAYMENT:  That in compliance of the order dated 5.8.2021 passed by the Hon'ble Supreme Court, the petitioner participated in the discussion/conference held by Mr. Surya Prakash V. Raju, learned Additional Solicitor General on different dates and cooperated fully. The petitioner has already provided to Mr. S.V. Raju (Additional Solicitor General) the details of 8 thousand investors with whom the company has made either total or partial settlements. The only way the petitioner could obtain the said details was by retrieving information from GoDaddy which is again old, unverifiable and possibly outdated. The Petitioners emailed the details to Mr. S. V Raju, learned Additional Solicitor General. However, Mr. S. V Raju, learned Additional Solicitor General wants the Company to provide the details in excel sheet format which is extremely difficult task because thousands of investor's details have to be entered manually. Moreover data in excel sheet format may lead to data breach, since excel sheet documents are known to be easily editable and may have errors since everything will be done manually.

Point #12
    REJECTING DATA PROVIDED BY CCS:  The data given by the department IS of no use. The information provided to petitioner by the CCS is not equal to the data that they earlier possessed. It is the same answer petitioner receives even now when they request the CCS to hand over everything that was seized. They ask petitioner to hand over hard disks in order to get the data copied which petitioner have earlier mentioned proves to be a fruitless exercise. 


REPORT ON BEHALF OF ADDITIONAL SOLICITOR GENERAL OF INDIA, SHRI S.V. RAJU
Point #6
    SEVERAL MEETINGS NOT ATTENDED:  Several of these meetings were not attended by the lawyers of the accused and so the undersigned also held a separate meeting for the lawyers of the accused when they could not attend the virtual conferences/meetings.  In the meeting, the lawyer of the accused Sr. Mr. Avtar Singh Rawat and Mr. Sadashiv, ACR, were also asked to furnish the information as to who had been paid and the aforementioned excel sheet format was also furnished to them.

Point #8 -1
    JUMBLED UP DATA/DOCUMENTS:  The SFIO also received an 8000 pages document from the accused which was not in the format discussed.  The SFIO requested the accused to provide the data to enable the SFIO to verify the documents before the next date of listing, however, the excel sheet from the accused is still awaited.

Point #8 -2
    ACCUSED UNWELL:  It is pertinent to note that on 18th September 2021, when the lawyers for the accused were asked regarding the data from their side and asked to cooperate, they mentioned the accused was unwell and hence it would not be possible to streamline the data as requested in the previous meetings/conferences.

Point #8 -3 - Annexure A
    EMAIL STATING INABILITY TO FURNISH DATA RELATED TO PAYMENTS MADE:  Email Content:  “Returned 22 cr approx to non-complainants + 6 cr approx to complainants + more than 100 kgs of gold of approx value of Rs. 45 crores = Approx 73 crores.”

Point #8 -4
    ACCUSED NOT COOPERATING:  The accused appears to be casual about cooperating and therefore she may be directed to cooperate.

Point #14
    WEBSITE LINK AND CLAIMS OF PAYMENT:  It is further pertinent to mention that, the accused had provided a website link for the investors to raise their complaint and claim the invested amount, however it has been brought to the notice of the undersigned that the same link was not working properly and was not accepting data from many investors.  Hence appropriate directions are required in this regard.

Point #15 – IV
    CHARTERED ACCOUNTANT TO VERIFY PAYMENTS MADE:  That for the purpose of verification of genuineness of payments made to the investors a Chartered Accountant be appointed who would coordinate with the investors and the representatives of the accused company and SFIO. 

OUR NOTE:
    RS 44 CRORES HANDED OVER TO NOWHERA SHAIK:  Not more than 100 investors have been paid until today since the Hon’ble Supreme Court had granted bail to Nowhera Shaik a year ago, on January 19, 2021.  The Supreme Court had asked ED to transfer all amount back (Rs. 44 crores) to Nowhera Shaik.  We believe that this money is being spent on buying off social media channels to portray a totally different picture with regards to what’s going on in the Supreme Court.  It is all praise for Nowhera Shaik everywhere.  She has already claimed to have settled 7000 investors, but how many of those who have intervened in 31/2020 through various lawyers have been paid?

    NOWHERA SHAIK TAKING POSSESSION OF PROPERTIES THAT ARE SUPPOSED TO BE LIQUIDATED:  Nowhera Shaik 
is supposed to offer properties to be sold to settle claims of investors via Shri. S.V. Raju’s Workable Arrangement thing, but in contrast to that, she is going on opening new businesses in the existing properties that were attached in the Interest of Depositors by state authorities.  How will we get paid if such conflicts are created on the assets?
More in link:  https://insiderschronicle.blogspot.com/2022/01/heera-digital-gold-fake-business.html

    NEED VERIFICATION OF COMPLIANCE:  We request that the Hon’ble Supreme Court of India to appoint a Chartered Accountant per the recommendation made by Hon. ASG Shri. S.V. Raju in his report at the earliest.  Nowhera Shaik is taking the Supreme Court for granted.  If she fails to prove her bona fides (payments made to 8000 investors), she should better be put back in jail.

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