Written Statement

IN THE LEARNED COURT OF SESSIONS FOR
GREATER MUMBAI AT MUMBAI
IN
ANTICIPATORY BAIL APPLICATION NO. 102870 OF
2022
NIKHIL DIWADKAR )…Victim/Intervenor

In The Matter Of
RAKESH RACHWANI
VERSUS
THE STATE OF MAHARASHTRA )
(At the instance of Khar Police Station)
in their CR- 1122/2022) )…Respondent
APPLICATION FOR TAKING

CERTAIN DOCUMENTS ON
BEHALF OF THE
INTERVENOR, ON RECORD
WHICH ARE NECESSARY
FOR FAIR DECISION IN
THIS PRESENT
APPLICATION.
MAY IT BE PLEASED YOUR HONOUR:
1. That the present Applicant is the original Accused in

Anticipatory Bail Application No. 2870 of 2022 pending in the
file of this Hon’ble Court in C.R. No. 1122 of 2022, FIR
registered at the instance of the present intervenor with Khar
Police Station.
2. That the present Applicant/Accused has cheated the

Victim/Intervenor on the pretext of the redevelopment of a
building and to gain good profits thereon, wherein no progress
has ever been made as per promises of the present
Applicant/Accused persons. By this modus operandi, the
present Applicant/Accused have cheated the
Victim/Intervenor.
3. That the present Applicant/Accused had for records provided
the Victim/Intervenor an allotment letter dt. 08-11-2016 to
allot Flat no. 1003 admeasuring 800 sq. ft of carpet area at a
price of Rs. 1,96,00,000/- as a security against Rs.
1,05,00,000/- invested by the Victim/Intervenor. A copy of the
allotment letter has been marked and annexed as Exhibit-A.
4. That the Victim/Intervenor would like to state that the present

Applicant/Accused and the Co-Accused Mr. Ashish Mehta
induced him to invest Rs. 1,05,00,000 in the construction of a
building project in Khar, Mumbai, undertaken by M/s Ankur
Prestige Build City Limited, at an agreed interest of 20% per
annum payable half yearly for a period of 21 months i.e., up to
15-08-2018. MOU dt. 08-11-2016 between M/s Ankur Prestige
Build City and the Victim/Intervenor along with his wife. This
MOU has been signed by the Co-Accused, Mr Ashish Mehta
on behalf of M/s Ankur Prestige Build City Limited and also
by the present Applicant/Accused as a witness. A copy of the
MOU dt 08-11-2016 has been marked and annexed as Exhibit-
B.
5. That the first addendum to the MOU was done on 20-08-2018,
which means the aforementioned MOU dt 08-11-2016 has
been extended by one year i.e., up to 15-08-2019 as the Co-
Accused Mr. Ashish Mehta could not return the money on
maturity at an agreed half yearly interest of 20% pa payable
half yearly which is Rs 6,30,000/- each, plus a minimum
agreed profit share of Rs 20,56,000/- payable no later than 15-
08-2019. A copy of the first addendum to the MOU dt. 20-08-
2018 has been marked and annexed as Exhibit-C.
6. That second addendum to the MOU was done on 30-10-2019

to further extend the MOU up to 31-03-2020, as the Co-
Accused Mr. Ashish Mehta could neither return the principal
amount of Rs 1,05,00,000/- nor pay the interest of Rs.
6,30,000/- and the minimum profit share of Rs 20,56,000/-
which was due on 15-08-2019 at an agreed interest of 18% pa
payable on a monthly basis on the 22nd of each month. A copy
of the second addendum to the MOU dt. 30-10-2019 has been
marked and annexed as Exhibit-D.
7. That the receipts from Ankur Prestige Build City Pvt Ltd for
the amount of Rs 1,05,00,000/- paid by the Victim/Intervenor
via two cheques, i.e., cheque no 366242 dt. 16-11-2016 from
HDFC Bank of Rs 55,00,000/- and cheque no 366243 dt.16-
12-2016 from HDFC Bank of Rs 50,00,000/-. A copy of the
receipts of Rs. 55,00,000/- and Rs.50,00,000 respectively are
annexed and marked as EXHIBIT-E colly along with cheques
bearing no 366242 dt 16-11-2016 and 366243 dt. 16-12-2016
are annexed and marked as EXHIBIT-F colly.
8. That the present Applicant/Accused is very much involved in

transactions of the Victim/Intervenor with M/s Ankur Prestige
Build City Limited as he is the one who clears the payments
from their Bank account, which he has mentioned in a
WhatsApp message dt. 08-06-2020. A copy of the WhatsApp
chat dt. 08-06-2020 has been marked and annexed as Exhibit-
G.
9. That the present Applicant/Accused has also induced the

Victim/Intervenor to pay them in cash Rs. 36,25,000/- for his
trading business, which the Co-Accused has acknowledged via
an email dt. 13-12-2019 where summarizes the money he owes
to the Victim/Intervenor as he could not honor the payment
even after the expiry of the second addendum to the MOU. The
Copy of the email dt. 13-12-2019 has been marked and
annexed as Exhibit H.
10.That the present Applicant/Accused has further induced the

Victim/Intervenor to invest USD 2,50,000/- in the seed capital
to launch Fulcrum Diversified Income Note Fund, he also
emphasized on this investment via an email dt. 15-05-2017
stating he had the exclusive distribution rights of this scheme
for India, Africa and Sri Lanka and that this is not something
that the Victim/Intervenor should be missing out on, he also
provided the Victim/Intervenor the Bank Account no where he
should pay the monies. The copy of the email dt. 15-05-2017
has been marked and annexed as Exhibit I.
11.That the present Applicant/Accused was very much involved

in the transaction pertaining to the Fulcrum Diversified Income
Note Fund as he himself has sent the Victim/Intervenor the
bank details of Mr. Pieter G Liekens Lakhdar via WhatsApp
message dt. 21-06-2017. The copy of the WhatsApp screenshot
dt. 21-06-2017 has been marked and annexed as Exhibit J.
12.That the Victim/Intervenor apprehends that the present

Applicant/Org. Accused would influence other material
witnesses who have also suffered at their hands by parting
away with their hard-earned money with hopes of lucrative
returns.
13.That the custody of the present Applicant/Org. Accused is

required for investigation to decipher the details of transaction,
the whereabouts of the Applicant/Org. Accused.
AND FOR THIS ACT OF KINDNESS THE

VICTIM/INTERVENOR SHALL EVER PRAY.
MUMBAI
DATE: 10-02-2023
Advocate for Victim/Intervenor

IN THE LEARNED COURT
OF SESSIONS FOR GREATER
MUMBAI, AT MUMBAI
IN
ANTICIPATORY BAIL
APPLICATION NO. 102870 OF 2022
NIKHIL DIWADKAR
)…Victimt/Intervener

In the Matter of
RAKESH RACHWANI
)…Applicant/Org. Accused
Versus
THE STATE OF MAHARASHTRA
(At the Instance of Khar Police
Station)
)… Respondent
APPLICATION TO TAKE
DOCUMENTS ON RECORD
Dated day___ of ____ 2023

The Law Suits,
Advocates for Victim/Intervenor
Unit No. 413, 4th floor, Golden Chambers,
New Link Road, Opp. Tanishq Jewellers,
Laxmi Industrial Estate, Andheri (West),
Mumbai - 400 053
Web : www.thelawsuits.in
Email : bhimani@thelawsuits.in
Phone : +91 9833638888

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IN THE LEARNED COURT OF SESSIONS FOR

GREATER MUMBAI AT MUMBAI

ANTICIPATORY BAIL APPLICATION NO. 102870 OF

NIKHIL DIWADKAR )…Victim/Intervenor

APPLICATION FOR TAKING

MAY IT BE PLEASED YOUR HONOUR:

1. That the present Applicant is the original Accused in

2. That the present Applicant/Accused has cheated the

4. That the Victim/Intervenor would like to state that the present

6. That second addendum to the MOU was done on 30-10-2019

8. That the present Applicant/Accused is very much involved in

9. That the present Applicant/Accused has also induced the

10.That the present Applicant/Accused has further induced the

11.That the present Applicant/Accused was very much involved

12.That the Victim/Intervenor apprehends that the present

13.That the custody of the present Applicant/Org. Accused is

AND FOR THIS ACT OF KINDNESS THE

Advocate for Victim/Intervenor

Dated day___ of ____ 2023

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Dated day_ of __ 2023