Following is part of Public Records contained
in FAO 424 of 2001 in High court of New Delhi;
24.8.95 Jagan nath of Jagan hardware Sector 28, Chandigarh; Father and Gopal Brother of Rajni admit in writing in Balance Sheet of Gopal Sales Pvt Ltd, that they are heavily in debt. Their financial debts are about Rs. 15.00 Lacs. In the year 1995 Jagan Nath (Father) and Gopal (Brother) had started Business venture in the name of M/s. Gopal Sales (Pvt) Ltd. To start this venture they borrowed heavily from their relatives including 5.00 lacs from Brij Singal and about 10 lacs from Raj Singal (M/s.Jupiter Metal. Copy of this Document Dt. 24.8.95. is Ex D-10 on record of Trial Court duly admitted by her Father. Rajni used to remain tense on account of indebtedness of her Brother and father. She had been asking me for money to financially help her father and brother She had been repeatedly asking me to allow her to take away property from the locker to give it to her parents so that they can repay their debts. I had declined this request.
24.8.95 Jagan nath of Jagan hardware Sector 28, Chandigarh; Father and Gopal Brother of Rajni admit in writing in Balance Sheet of Gopal Sales Pvt Ltd, that they are heavily in debt. Their financial debts are about Rs. 15.00 Lacs. In the year 1995 Jagan Nath (Father) and Gopal (Brother) had started Business venture in the name of M/s. Gopal Sales (Pvt) Ltd. To start this venture they borrowed heavily from their relatives including 5.00 lacs from Brij Singal and about 10 lacs from Raj Singal (M/s.Jupiter Metal. Copy of this Document Dt. 24.8.95. is Ex D-10 on record of Trial Court duly admitted by her Father. Rajni used to remain tense on account of indebtedness of her Brother and father. She had been asking me for money to financially help her father and brother She had been repeatedly asking me to allow her to take away property from the locker to give it to her parents so that they can repay their debts. I had declined this request.
Following statements have been made by them
in Connection with Loans taken by them for this business venture.
Jagan Nath Father of Rajni:
"It is correct that I alongwith my Son
opened a Private Company named Gopal Sales (P) Ltd. I cannot tell the
details of the loan contributed by Raj Singal as well as Brij Singal without
going through the accounts. The certified copy of Ex.D-10 bears my
signatures. It is the certified copy of Balance Sheet of Gopal Sales (P)
Limited. It is correct that at the time of opening that company myself and my
son were the only shareholders."
Gopal Brother of Rajni:
I can neither deny nor admit that I took Rs.
10.00 Lacs from Raj Singal as loan for investment in the company.
Similarly I cannot tell the exact amount of loan taken from Brij Singal.
It may or may not be Rs 5.00 Lacs".
8.9.95 and 15.9.95 Rajni in order to settle debts of her brother and father
leaves matrimonial home. She operates my family locker on 8.9.95. & 15.9.95
and leaves my house on 15.9.1995 alongwith all Household goods in company of
her brother/father and their creditor Brij Singhal. As per the description
given by late Sh. B.L.Premi Asst. Branch Manager, during the time of her
clandestine operation of locker on 15.9.1995 she was accompanied inside the
Bank by Sh. Brij Singal, to whom her Father/brother owed Rs 5.00 Lacs.
Locker was afterwards found empty. Last two
operations of the Locker are by her. Copy of record of Visits maintained by the
Bank is annexed as R-2. A local Commissioner was appointed to prepare inventory
of contents of Joint Locker. He reported that Locker is completely empty.
Report of the Local commissioner is annexed as R6 Property then worth more than
Rs. 30 Lacs exclusively belonging to my Parents were stolen by Rajni and her
father and brother Evidence on the same is annexed as R-7 and R-8. She has made
conflicting Statements regarding operation of the Locker which prove her guilt
beyond a shadow of doubt.
Thereafter the Debts of Brij Singal were paid
off from the part sale of my articles and property including my ancestral gold
coins and gold and gold Jewelry lying in the locker. Extract of his evidence
giving evasive reply regarding source of repayment is reproduced below.:
BRIL SINGHAL Creditor of Rajni’s Parents:
"I have given loan of Rs. 5.00 lacs to
M\s.Gopal Sales (P) Ltd, volunteered which has been returned
now. It was returned in the year 1996-97, I do not know whether at the
time of return of money who was the Director. I know Raj Singal who is my
Nephew and Kiran Singal who is his wife. I do not know whether Raj Singal and
Kiran Singal are the directors of the above-referred company. The
loan which was returned back was by way of Cheque. I do not know who
signed that Cheque. It is wrong to suggest that the firm repaid the
loan to me after selling the jewellery etc, of the petitioner by her
father". He is brother of Jagan Nath father of Rajni and strangely does
not know source of repayment of his debt which only confirms that this source
was sale proceeds of gold stolen from my locker which was held jointly with
Rajni.
The other Rs. 10.00 lacs were owed to Raj
Singal whose debts could not be paid off and he took over the business/assets
of Rajni’s father and brother after 15.9.95 and owned Gopal sales Pvt Ltd
thereafter.
Jagan nath and Gopal thus saved themselves
from insolvency by virtue of stealing my ancestral gold.
Kapil Dev Aggarwal
Click here for;
What happened in Appeal.
