Funds siphoned, claim members of gutted mall
MUMBAI, Nov. 18 -- Months after a fire destroyed 200-odd small businesses and two restaurants at Bandra's Link Square mall, details are emerging of serious financial irregularities and safety lapses at the once-prominent shopping complex situated off Linking Road.
Members of the Link Square Premises Cooperative Society Ltd have made these allegations in a complaint to the deputy registrar of cooperative societies. They have also raised questions over the composition of a board appointed to oversee the affairs of the society after the managing committee was dissolved.
Meanwhile, the shell of the gutted shopping complex is a painful reminder for the business owners who operated out of the premises that their struggle will be a long-drawn one. The China Gate Group, which had two of its restaurants reduced to ashes in the April 29 blaze - TAP Resto Bar and Global Fusion - had moved the Bombay High Court in June. The group, through its advocate, Yashraj Tongia, had sought a direction from the court, on the removal of debris and a structural audit of the building.
Subsequently, the Brihanmumbai Municipal Corporation (BMC) wrote to the Link Square Premises Cooperative Society, directing it to carry out the structural repairs. When no action was taken, the China Gate Group moved court again, on August 16, but the society failed to act this time as well.
By then, members of the society had lodged a complaint with the deputy registrar of cooperative societies, Adinath Dagde, detailing a series of allegations against the society's managing committee. The complaint, in July, said the April 29 fire had highlighted the overall, gross mismanagement of mall's affairs. Not only was there a disregard for fire safety, the committee had failed to maintain financial records, engaged in financial irregularities, and failed to conduct elections, members said in their complaint to the deputy registrar.
They alleged that the managing committee was allegedly involved in embezzlement, and misappropriation of society funds. They were also allegedly involved in criminal activities, including issuing intimidating threats, which had "created a hostile environment and compromised the safety and well-being of members", the complaint said. The members stated that over the past two decades, the committee, in active collusion with certain department officials, had misused or siphoned off around Rs.30 crore of common funds through unauthorised contracts, fake bills and cash transactions. "The society has illegally constructed and sold shops/properties worth more than Rs.10 crore. The society has wilfully and deliberately evaded payment of statutory taxes including Goods and Service Tax (GST) and Income Tax", the complaint said.
"This long-standing financial mismanagement clearly establishes a criminal conspiracy between the Society's office-bearers and certain public officers who deliberately failed to discharge their statutory duties", it added. Members also claimed that all important decisions regarding the mall were taken by NCP leader and former MLA, Zeeshan Siddique, owner of the Link Square mall. "He has been the only face of the society operating and managing the society illegally," they stated in their complaint. The members therefore requested the registrar to dissolve the managing committee and appoint an administrator to manage the affairs of the society. During a hearing on October 13, additional government pleader, Gautam Kakade, informed the high court that a meeting had been scheduled to decide whether or not an administrator needed to be appointed.
Following this, the Deputy Registrar on November 11 dissolved the managing committee of the society on grounds of non-performance and appointed a three-member Board of Authorised Officers to manage the society's day-to-day affairs. The board consisted of a chairperson, Ishwar Hubale; and two members - Iqbal Sheikh and Naushad Farid Khan.
But the new appointments did not sit right with the society members. Advocate Tongia told HT that the appointment of Iqbal Shaikh has raised concerns as he is the husband of the secretary of the now dissolved managing committee, Tabassum Shaikh.
"Interestingly, the board, which includes the former secretary's husband as a member, will decide what action is to be taken on the dissolved committee. This appointment is a clear conflict of interest. It aims at shielding the previous committee's illegal actions and shows the undue influence under which the registrar is functioning," Tongia alleged.
Additionally, society members asked why the office of the registrar of cooperative societies had not taken any action against the Link Square managing committee for violating statutory provisions for 18 years.
When HT reached out to Iqbal Shaikh and deputy registrar Adinath Dagde for their response to the allegations, both refused to respond, instead terminating the conversation....
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