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Highlighting the key events - Man with power of attorney, UAE.
First Entry To UAE:
The petitioner issued him (Mr. Panikkaveetil Abdul Jaleel, the accused of stealing funds) a visa (Jaleel's Visa), which enabled him to proceed to U.A.E. and to work in that Country. Functioned as salaried employee in one of our client's firm namely,'Ramla Electro-Mechanical Est', receiving about UAD 1700 per month (equivalent to Rs.20,000/-) in addition to free accommodation and food. .
Power of Attorney:
The petitioner had signed a power of attorney dated 03.08.1996 vide proceedings No.646/96, Abu Dhabi Court, authorizing Mr. Abdul Jaleel, the accused, (who was under the petitioner's sponsorship and a staff of his one of the concerns), as an agent to look after the petitioner's group of concerns (Ramla Electro-Mechanical Establishment, Premier General Contracting Est. and Summer Pool Trading Est.) in Abu Dhabi, United Arab Emirates. (A true copy of the power of attorney is available herewith for ready reference)
Contrary to the terms of agency created under the power of attorney, he had diverted the assets without due or proper account as obligated under the law. Sale of property and valuable materials were effected and amounts were withdrawn from banks without the petitioner's consent or approval.
New Power of Attorney:
[On 06/05/2004., the petitioner appointed Mr. M. Mohammed Shareef, Indian National, as his new power of attorney. There were persistent efforts by him who was in Abu Dhabi for a long period with a view to settle matters amicably. But the accused was deliberately and with a malafide intentions, failed to render the accounts or settle the matter despite numerous request in that behalf. [A true copy of the new power of attorney, person's copy of passport and date of entries in UAE of new attorney is enclosed herewith for ready reference].
Lawyer's Notice:
The petitioner have no recourse but to initiate appropriate legal proceedings for breach of trust, cheating misuse of power of attorney, misappropriation of funds, making wrongful gains and utilizing the goodwill and contacts of petitioner's establishments. [On 12/03/2005., a lawyer's notice was sent to Mr. Panikkaveetil Abdul Jaleel, the accused, however no replay was received from the accused. A copy of lawyer's notice is available herewith for ready reference].
Petition Filed (190 R/W 156(3) ofCr.P.C):
The petitioner have no recourse but to initiate appropriate legal proceedings for breach of trust, cheating misuse of power of attorney, misappropriation of funds, making wrongful gains and utilizing the goodwill and contacts of petitioner's establishments. [On 11/06/2008., a petition was filed (CF 2327/08) before the Hon'ble 1st class Judicial Magistrate, Chavakkad. [Copies & procedures of the petition is enclosed herewith for ready reference].
A brief of asset details as the following:
Ramla Electro-Mechanical Establishment.,
The value of Ramla Electro-Mechanical Est., was worth over UAE Dirham (AED): 15 Million in 1995. And the earnings was worth UAE Dirham (AED): 2.5 Million in the period of 1993-1994. The Firm had in-hand contracts with a staff of workers up to 80 in occasions especially for their building demolition and dismantling contracts.
Ramla Electro-Mechanical Establishment, located at Al Musafah, Abu Dhabi Emirate, was operational at Shaikh Saif Bin Muhammed Al Nahyan building (Lake Front). It had an attachment of 3,000 Sq. Meter Office cum Warehouse block with an open yard and compound wall.
The location was one of the prime properties of ruling family. Shaikh Saif Bin Muhammed Al Nahyan, the owner of property, was a regular business provider, also was a well wisher to the petitioner. The petitioner acquired this building premise as a long lease basis with a reasonably low of yearly rent.
In early days the petitioner had invested huge amount here by way of constructing two 'three bedroom' apartments, workers accommodation and a mezzanine floor in the entire warehouse area.
The mezzanine floor which had doubled the existing space to a '65X35X2' Meters and it was fully occupied mainly by electro-mechanical equipments, Central Chillers, compressors, Elevators, Safety Equipments, Air Compressors, Scaffolding Materials, Heavy Duty Drilling Equipments, High End Electric Welding Equipments etc. (The Scaffoldings was not only for our use also was rented out to others in monthly basis)
Most of the items which kept in the warehouse were sold out in earlier stage without the petitioner's consent or approval. Portion of the space was also rented out to others by the accused. (On or before 01/05/2004, this property along with its entire infrastructure was sold out by the accused without the petitioner's consent or approval).
More Asset Details Case 2557 UAE
Premier General Contracting Establishment.,
The value of Premier General Maintenance Est., was worth over UAE Dirham (AED): 10 Million in 1995. And the average earnings was worth UAE Dirham (AED): 2 Million in the period of 1994-1995.
The Firm had in-hand contracts with own staff of workers up to 20 and other workers on subcontract basis with Private, Government and Semi-Governmental jobs activities in the UAE.
(Assets detail of Premier General Maintenance Est., by a registered chartered accountant certification dated 18/08/1994, was valued of UAE Dirham (AED): 5,93,096.00) (Copies of trade licenses are annexed as Annexure 'B' & 'C' respectively)
Summer Pool Trading Establishment.,
The value of Summer Pool Trading Est., was worth over UAE Dirham (AED): 2.5 Million in 1995. And the average earnings was worth over UAE Dirham (AED): 4,50,000.00 in the period of 1994-1995. Summer Pool Trading Est., was a Building Material Trading Firm. According to the accused, this firm was merged to Premier General Contracting Est., (More details of this firm is available here)
Banking in UAE:
Five numbers of the petitioner's current/savings accounts located at The National Bank of Abu Dhabi; the British Bank of the Middle East., etc. In the absence of petitioner, those were operated by the accused. (More details of Bank accounts and the liquid cash worth around UAE Dirham (AED): 8,00,000.00 (including cash & cheques related with the civil suit) is not available.
Illegal Settlement of Civil Suit by the accused:
Civil Suit Against an Emirati Real Estate Broker: (Total contract value of UAE Dirham (AED): 5,40,000.00/-)..
There was also an amount worth UAE Dirham 3,00,000.00 (AED 3 Lakhs) had already been spent the petitioner on behalf of his principal company, the Premier General Contracting, for renovation works that includes the cost of material and manpower.
(When the petitioner was deported from the county, the accused misused the power of attorney and made an out of court settlement for his own interest. The amount submitted in the court of Abu Dhabi (UAE Dirham (AED): 74,000.00/-) and the balance amount involved in the civil suit was already handed over to accused)
About Mr. Hassan Saeed Hassan, Abu Dhabi, UAE
Mr. Hassan Saeed Hassan, a local person belonging to Abu Dhabi, it was his malafide and ill intentions, that had influenced the police and wrongfully arrested the victim on frivolous charges, unsupported by any evidence or material etc., all that proved and documented in the Appeal Court Judgment. The lower court has already found him guilty and ordered prosecution against Mr. Hassan Saeed in this regard.
The main ill-intention of Hassan Saeed was to get cancel a lease deed of his building, covering 24 flats signed between him and the victim and to withdraw a lawsuit brought before the civil court by the petitioner. There were many serious complications were listed in the Civil Suit against Mr. Hassan Saeed as a Landlord. The innocence of the petitioner and the conspiracy on the part of the complainant Hassan Saeed are the important and thrusting points in the case. (Brief background of the case)
Mis-using Labour Card:
According to the Rule/Labour Law in UAE, sale of Visa is punishable. The accused was misused company's labour card and sold Visas to others. The petitioner, while communicating with his sponsor in UAE in 2002, understood that the Premier General Contracting Est., was blacklisted due to criminal misappropriation of the labour card.
Investments by the Accused:
Known investment of the accused: It include investing at home in acquisition of immovable property and building therein and opening in business and commercial concerns in Abu Dhabi. In law, all those assets earned through the deployment of funds, which had come to the accused as agent.
At Home:
Landed Property with new house at Guruvayur. 35 cent.
Landed Property at Mammiyur, Guruvayur. 31 cent.
Landed Property at Guruvayur. 11 cent.
Fixed Deposits & Shares (IOB & Other Banks, Chavakkad)
At Abu Dhabi:
The accused is later owned by: Premier Export Imports, HoteL/Restaurant, Automatic Laundry
etc., in Abu Dhabi while holding the petitioner's visa.
Business by the accused as an 'Illegal Act':
Working for other than the sponsor is, as per the UAE Labour Law is an illegal act, and the Ministry of Labour is very strict against such actions. An employee has been working for other than the sponsor and or the employee be caught in the act by the authorities, the penalty is very severe and might reach a fine of Dh 50,000 and one year ban for entering to the country. (According to the UAE labour law).
Payments from accused:
1. INR. 8 Lakh (Payments received while disposing the petitioner's vehicles sold in the year of 1997 - 1998)
2. INR. 7 Lakh (Some amount of the items sold from warehouse was sent to my account in India time to time, till March, 2002)
3. (Between the period of 2003 and third quarter of 2004, a 'Monthly Cheque' - Worth Rs. 20,000/- each had been forwarded (Though not regular basis) to the petitioner's account in India).
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