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12th October, 2016

Cross Examination Queries for Day – 1 (13.10.2016)

Sub : In the High Court of Judicature at Bombay


Suit No. 2144 of 2005
The Maharashtra Film, Stage & Culture
Development Corporation Limited …Plaintiffs
V/s.
Bank of Maharashtra &Ors. ..Defendants
==========================================

1. Could you tell us when did you join the Plaintiffs Company ?

2. Before joining Plaintiffs with whom you have worked (if applicable) ?

3. What were the Cadres in which you worked with the Plaintiffs ?

4. Did you work at any time in the Registered Office of the Plaintiffs
Company ?

5. From 2000 to 2003 where were you working ?

6. Without working with Plaintiffs at that time how are you deposing in
this matter ?

7. Do you have any Authority letter /Board Resolution to depose in the


present matter?

8. Have you annexed your Authority letter/Board Resolution with your


Affidavit in chief ?

9. Do you know who is Mr. Nilesh R. Gatne ?

10. Whether Mr. Nilesh is authorized to file the present Suit ?

11. Why have you not filed Original Resolution passed in favour of Mr.
Nilesh R. Gatne in the present Suit ?

12. Where is Mr. Nilesh R. Gatne currently posted ?

13. Why Mr. Nilesh R. Gatne is not deposing on behalf of Plaintiffs ?

14. Have you annexed with your documents filed Original Resolution
passed in favour of Mr. Nilesh to file the present Suit ?

15. Have you gone through the contents of the Plaint & the Plaint annexed
documents properly ?
16. Plaintiffs have relied upon exhibit A-RR documents in their Plaint .In
total 42 documents were relied upon in Plaint ? say Yes or No.

17. You have produced and relied upon only 6 documents in your affidavit
in chief out of 42 documents relied upon in the Plaint ? What is the
reason for it ?

18. Have you annexed your Authority Letter/Board Resolution with your
documents filed ?

19. Who were working as Joint Managing Director in the Plaintiffs


Company in the year 2000 to 2003 ?

20. From which year you are working as Joint Managing Director with the
Plaintiff ?

21. Is Joint Managing Director of your Company is forming part of the


Board of Directors of your Company ?

22. What will be the usual term/duration for which the Board of Directors
of the Plaintiff’s Company is appointed ?

23. What is the term/serving period for which Joint Managing Directors
of the Plaintiff Company is appointed ?

24. In which year Current Account No. 142 was opened with D -1 Bank ?

25. What is the name of the Current Account No. 142 which was
maintained with D – 1 Bank ?

26. Are you aware that the request letter to open Current Account No.
142 was actually issued by Mr. Govind Swaroop, the then Managing
Director of your Plaintiff’s Corporation ?

27. The request letter to open the Current Account is exhibited as Exhibit
“C” to the Plaint at Page No. 66. Please refer the special instructions
which reads that Account is to be operated jointly.
28. Which are the names that have been referred in the special
instructions of request letter to operate the account jointly ?

29. Mr. Shukla was than acting as Chief Accounts Officer and Financial
Officer to your Corporation. In the year 2000 to 2001 ?

30. See the Account Opening Form relied upon in the Plaint at Page No.
67 which shows that the Account had been introduced by Mr. A.
Shukla, the CAO & FA of your Corporation.

31. From which year to which year Mr. A. Shukla acted as Chief
Accounts Officer & Financial Advisor ?

32. Do you know who is Mr. R. Vimala ?

33. From which year to which year Mr. R. Vimala worked as Jt. Managing
Director of your Corporation ?

34. Are you aware that it is this Mr. R. Vimala who was then working as
your Joint Managing Director issued day-to-day instructions to D – 1
Bank regarding operation of Current Account No. 142 ?

35. Please refer these letters dated 20.07.2002 and 13.05.2002 relied
upon as Exhibit No. “D-1” & “D-2” with the Written Statement filed by
Defendant No. 1 Bank. Are these letters issued by Mr. R. Vimala,
Joint M. D. of Plaintiffs ?

36. Is Account No.142 has been referred in the said letters ?

37 Did your then Managing Director requested through letter dated


20.07.2002 (Exhibit “D-1” to Written Statement filed by Defendant
Bank) to issue 29 Pay Orders to the tune of Rs.19,21,003/- out of
Current Account No. 142.

38. Did this letters issued by your Corporation gave instructions for
operation of the Current Account No. 142 ?
39. Did the Current Account No. 142 was operated jointly by Mr. Shahab
Ahmed and Mr. A. G. Shukla being the Financial Advisor and Chief
Accounts Officer of the Plaintiff’s Corporation ?

40. See this letter dated 13.05.2002 (Exhibited as “D-2” to Written


Statement filed by Defendant Bank). Did your Corporation through
Mr. R. Vimala, your Jt. M. D. requested the Bank to issue 2 Demand
Drafts amounting to Rs.21.00 lakhs from the account of “HUM EK
HAIN” ?

41. Did your J. M. D. by this letter requested the Bank to make payment
to Mr. Adnan Swamy and Mrs. Asha Bhosale in US Dollars from the
current account No. 142 ?

42. Did it say that 2 Demand Drafts of Rs.21.00 lakhs each, which had
been issued by the Bank were returned by your Corporation
requesting the Bank to make the payment by US Dollars ?

43. See this letter dated 13.05.2002 issued by Mr. R. Vimala. It talks
about Cancellation of Demand Drafts and Crediting the amount in
Current Account No. 142 (Exhibit “D-4” to Written Statement of
Defendant No. 1) ?

44. Tell us whether the Jt. Managing Director of your Plaintiffs Company
is an authorized person to issue letters on behalf of your Corporation
?

45. Whether anywhere your Bye-laws state that Joint Managing Director
of your Corporation cannot issue letters on behalf of your
Corporation ?

46. Tell us whether Mr. R. Vimala is authorized in his capacity as Jt.


Managing Director to issue letters dated 13.05.2002 and 20.07.2002 ?

47. Who are the authorized persons to issue letters to the Bank ?

48. If Ms. R. Vimala is not an authorized person to issue such letters, why
he/she is not added as one of the Party Defendants in the present Suit
?

49. Who are the authorized persons to operate Current Account No. 217
of your Corporation ?
50. Who are the authorized persons to operate in the current account No.
142 maintained with Def. No. 1 Bank ?

51. Why your Officer Mr. A. G. Shukla being FA & CAO of your
Corporation was authorized to operate the Current Account No. 142
by your Managing Director Mr. R. Vimala who is not a party to the
Suit ?

52. When did you know about the fraudulent opening and operation of
Current account No. 142 as alleged by you ?

53. See your document marked as “X-1”. It is the photo-copy of the


resolution dated 29.08.2000 passed in the Board Meeting ?

54. Why have you not filed the Original Resolution dated 29.08.2000 ?

55. Refer to copy of the resolution dated 29.08.2000 marked as (“X-1”).


Who are all the signatories to the said resolution ?

56. Thus Mr. R. Vimala your Joint M. D. had also signed in the resolution
dated 29.08.2000.

57. It is the same Mr. R. Vimala who had been giving instructions for
operation of Current Account No. 142 ?

58. Is it true or not your Corporation had been constantly giving


instructions from the date of opening of the account and for day to
day operations of the Current Account No. 142.

59. If no relation is there between the Current Account No. 142 and your
Corporation, why did your Corporation issued constant instructions
pertaining to that account through your Joint M. D. Mr. R. Vimala ?

60. Have you completely read the Enquiry Committee Report Findings
dated 09.04.2003 (exhibited as “P-3” to your evidence ?

61. Do you agree with the findings of the Enquiry Committee Report
dated 09.04.2003 ?

62. It speaks at Para No. 5 about an agreement dated 29.02.2000 entered


into between your Corporation and Mr. Shahab Ahmed, Proprietor of
House of Cine Arts ?
63. The Enquiry Committee Report speaks that your Corporation in
contravention to the terms & conditions of your Agreement dated
29.02.2000 disbursed huge amount to Mr. Shahab Ahmed ?

64. Why were you silent and had not referred anything about the said
financial irregularity of your Corporation in the present Suit ?

65. Is it true or not that the said irregularities committed pertaining to


the repairing work of Studio No. 1 & 2 as referred in the findings of
the Enquiry Committee Report ?

66. The report also states that certain irregularities had also been
committed with your group account maintained with State Bank of
India ?

67. Did you know that your company has disbursed the share revenue of
35% in advance to Defendant No. 2 herein even before compliance of
the terms & conditions of the agreement which needs him to spend
Rs.3.00 crores and then to share revenue ?

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