‘Shiv Sena’s diktat will lead our family to penury’-Tiwari

Vinayak Raut, Secretary, Shiv Sena

Sadanand Ram Adhar Tiwari, aged 73 years had a dream of making a life in Mumbai. He came to Mumbai at the age of 16 years and from hard work managed to build a house and shop for his family at Dattamandir, Vakola. Later as he grew old he constituted attorney to his son Balendra Sadanand Tiwari, 43 years and residing with his father, wife Rukmani and three sons. They began residing upstairs and rented their shop to various clients. It is learnt that Kalulal Bherulal Choradia was rented the shop on leave and license basis from 1999 and accordingly he set up business of Jewellers in the name of Shubham Jewellers from the shop. The agreement was finalized for a deposit of Rs 1, 20,000 and Rs 8,000 as rent.
Thereafter, as Balendra ran into financial difficulties it is learnt that he obtained a loan of Rs 2, 35,950 from Choradia in 2007. Further, while speaking to ‘Santacruz Patrika’ Choradia added, “Since Balendra had also obtained a loan from Vinayak Raut’s Co-op Credit Soc, named Rameshwar Co-op Credit Soc and he was unable to pay the amount, the Credit Soc’s recovery agents came to seal the shop. Since I had invested a huge amount in the shop I helped Balendra and footed the loan of the bank by paying Rs 85,550”. “Hence, I loaned about Rs 4, 83,000 to Balendra while running my business in the shop,” clarified Choradia.
Thereafter, in November 2009 Balendra renewed the agreement of the shop and allowed Choradia to run his business from 1/8/2009 to 30/6/2010. In the meantime a lot of rift took place between Balendra and Choradia in regards to increase of rent, non-payment of rent and refund of loan amount. While clarifying with ‘Santacruz Patrika’ Balendra adds, “For the past more than 10 years Choradia has not increased the rent of the shop in proportion to the increase of property prices. Today the going rent in the area is around Rs 15-000-20,000 and Choradia has stuck to the old rent amount of Rs 8,000 which has put me into huge losses”. Further clarifying Balendra added that for the past five years Choradia has not paid rent for a single month and the outstanding rent amounts to Rs 4, 80,000.” His wife further added, “With my husband suffering from diabetes and unable to ply his rickshaw we are living in pathetic condition and Choradia has deprived us of our livelihood.”
But, while clarifying with Choradia for non-payment of five years rent he confessed, “I have paid the entire rent to Balendra and only for the past 11 months since our dispute is on I have held up his rent. When questioned on the authenticity of the claim Choradia did not have any receipts or documentation evidence to substantiate his claim and replied that the rent was paid in cash. Since there was a dispute regarding the peaceful handing over of the shop to Balendra on expiry of the agreement the matter was being heard in The Court of Small Causes, Bandra Branch. Choradia claims that unless Balendra clears his loan amount of Rs 4,50,000 he is in possession of the shop as Balendra assured him to hand over the possession only after the payment of the loan amount received. But Balendra claims that vide agreement dt 23/3/2009 he has paid Rs 4,50,000 to Choradia but Choradia disputes of receiving any amount and alleges that the document has been forged by Balendra.
Finally, on12/7/2010, the Judge of Small Causes Court rejected Choradia’s plea for temporary injunction. The plea was rejected on grounds citing that the shop being mortgaged by Choradia does not stand any validity in Court since it is not registered; since the leave and license agreement expires on 30/6/2010 the court treated Choradia as a trespasser and not owner and is an unauthorized occupant. Ever since the rejection of the order by Court, Balendra has been pressurizing Choradia to hand over the peaceful possession of his shop. But in vain.
Balendra told this publication that whenever he has approached Choradia for the peaceful possession of his shop, Choradia has since then taken the support of Michael Fernandes of Maharashtra Navnirman Sena and his boys. His wife too told this publication that MNS goons keep attacking and threatening us for which complaints have been made at Vakola Police station. When clarified with Choradia he admitted to having taken the support of MNS boys for his safety. Finally last week out of desperation Balendra approached Sr PI Vakola Police station regarding possession of his shop and he was adviced to meet Lata Shirsat, PI who co-operated and assured that she would look into the matter.
But to their surprise, Balendra’s wife informs ‘Santacruz Patrika’ that in the evening MNS boys were summoned to our place and asked her husband to report to their office for a compromise. But it is understood that Balendra did not accept to the compromise package of the MNS. His wife further adds, “Within half an hour thereafter a few Shiv Sena boys approached us and asked Balendra that he has been summoned by Vinayak Raut at his office. Balendra along with his aged father went to the office of Vinayak Raut and added that Vinayak Raut along with Baliram Ghag and many Shiv Sena men made him forcefully agree to their terms and pay up the money to Choradia or face the consequences. His aged father too added that since we requested Vinayak Raut that Choradia has to pay us three years rent he did not heed to our requests and gave a one sided ultimatum in favour of Choradia. Balendra wife finally sums up by adding that since we have no food to eat and in a state of penury, how come Vinayak Raut has pressurized my husband to pay up the money when the matter is in the Court?
Now the question that requires an answer is – Is the Shiv Sena or the MNS above the court of Law in passing judgments?