Dr. Santosh Kumar Bagla Statement On KOTAK MAHINDRA BANK’S CLARIFICATION ON REPORTS OF – BAGLA FAMILY SEEKS CANCELLATION OF KOTAK MAHINDRA’S BANKING LICENCE
FIR No. 0120/2019 dated October, 2019 registered at Barakhamba Road Police Station in Delhi against Kotak Mahindra Bank and six other accused including Uday Suresh Kotak, MD & CEO. With reference to the above, Sh. Rohit Rao,Chief Communication Officer, Kotak Mahindra Group has clarified – “This issue is about a ten year old loan recovery case where the borrower – Cogent Ventures India Limited and members of Bagla family as guarantors had defaulted on their loan repayment and to recover dues,our bank had initiated recovery proceedings” Subsequently, the borrower entered into an out-of-court settlement and repaid the bank’s dues. Our bank always acts in accordance with the prevailing law and regulations.
The FIR filed by Bhupendra Bagla makes the matter sub- judice and we cannot comment on a sub- judice matter. We stand committed to extend full cooperation to the investigation agency.”. In response to the above statement of Kotak Mahindra Bank, Bagla family out rightly rejects the response as appeared in the media on behalf of Kotak Mahindra Bank.There has always been twisting of facts on the part of Kotak Mahindra Bank inthe matter despite of the fact that the Ld. Metropolitan Magistrate’s Court atNew Delhi vide an order dated 10.12.2018 has discharged Bhupendra Bagla from all the charges as prosecution failed to establish even a prima facie case against him and held that the loan was not disbursed to him. The Ld. Court has taken a view in the matter that – “This Court is of the considered view that in view of the subsequent letter of Kotak Mahindra Bank Ltd., it is clear that loan was not given to accused Bhupendra Bagla on the basis of mortgage of property of complainant and same was given onthe basis of status of his company and bank account transactions. In these circumstances offence under Section 420 IPC is not made out. So far as section 467/468/471 IPC is concerned as per FSL result no opinion has been given on the affidavit or GPA as original were not submitted for examination. Inthese circumstances no offence is made out. Accordingly, accused Bhupendra Bagla is discharge for the offence under Section 420/467/468/471 IPC.” Later on. the Ld. Court vide an order dated14.10.2019 on the complaint filed by Bhupendra Bagla U/s 156(3) & Cr.PC.U/s 200 Cr.PC is of the view that-“This Court is of the considered view that matter requires investigation by police, as several documents are to be collected and verified and number of persons are to be examined. In these circumstances, SHO concerned is directed to register FIR in this matter and investigate the same as per law”. It is clear from the trial and judgment of the Court that there has been forgery of certain documents created and presented by Kotak Mahindra Bank Ltd and its associates along with a conspiracy with one Mr. Virendra Sharma. It is also clear from the perusal of records, evidence and order of Court that the loan was not taken by Bagla’s family and no settlement was made between Kotak Mahindra Bank Ltd and Bagla family. Kotak Mahindra Bank had a guilty mind since beginning when they issued “Notice to recall entire loan amount” on dated 8th April 2009 to Cogent Ventures India Ltd. and filed an Original Application in DRT Delhi on 28thMay 2009. The said OA was filed on the false fact, fabricated documents along with make wrong statement that “The Loan was granted on the mortgage/security of said lease premises”. Thereafter, conspiracy with owner of the property Mr. Virendra Sharma, Kotak Mahindra Bank filed complaint for registering a case of commission of the offence of cheating, criminal breach of trust, dishonest, forgery and etc. against Bagla family at PS Barakhamba Road,New Delhi and agitated owner of the property Mr. Virendra Sharma also to file a complaint against Bagla family on the basis of which i.e. complaint dated 12.10.2009,an FIR No. 149/09 dated 15.10.2009 was registered at PS Barakhamba Road, New Delhi. It is well known to everybody inthe market that Kotak Mahindra Bank is expert in recovery of their dues, so,with pressure tactics, a loan settlement was arrived between Bank and Cogent Venture India Ltd. on 12.11.2009 and entire loan amount was paid by Cogent Venture India Ltd. It is on record that Kotak Mahindra Bank had issued a letter dated 12.11.2009 wherein they admitted that loan was given to company as “Unsecured Loan”. Despite of that there was no role of Bagla family in the above loan transaction except that they had givenguarantee in loan and loan amount was paid off by the company, Mr. Bhupendra Bagla was illegally arrested in false FIR No. 149/09 dated 15.10.2009. It is very interesting to see that Kotak Mahindra Bank is not talking about those forged and fabricated documents i.e. Power of Attorney and Affidavit dated24.08.2007 which were created by Kotak Bank to implicate Bagla family but on the contrary alleged that they were executed by Bhupendra Bagla. Now the Hon’ble Court,after long trial has taken cognizance and considered view that matter requires investigation by police, as several documents are to be collected and verified and number of persons are to be examined.












