Friday, June 27, 2014

[aaykarbhavan] CA Manoj Agarwal detained by Dubai Police at Dubai since 29th May 2014



1) 
He was working as Assistant Manager in the company.
2) 
H
e has not signed any documents relating to bank Loan as the authorised signatory and neither he was given any such powers by the company
3) 
H
e was liasioning with the banks on behalf of the company.
4) 
He is also not a director or shareholder of the company nor has he issued any gurantee for repayment of loan to bankers.He was not the authorised person of the company and he has not signed any cheques which have bounced.
5) 
T
he company had taken loans from banks which they defaulted.
6) 
A
 criminal complaint has been filed against the company and against Mr. Manoj by a bank and based on that the Police has detained him.


Dear Mr. Agarwal

I have received your earlier email and have also contacted Mr. Mehta who has been assisting in the matter in Dubai.As I gathered, 

a criminal complaint has been filed against the company and against Mr. Manoj by a bank
and based on that the Police has detained him. The process that follows such detention is for the Police to refer the matter to the Public Prosecution who will verify the records and determine whether it is a matter to be referred to the Court. Unfortunately, there is no set time frame for this to happen and the only person who can co-ordinate in this matter is duly appointed lawyer. The lawyer can either be appointed by the employer or by Manoj himself. As I understand, a lawyer has been appointed and he is handling the matter with the Police and the Public Prosecutor's office to see that the matter is taken up and he can secure a release.The Police or the Public Prosecutor's office does not recognize the Dubai Chapter of ICAI as a party who can negotiate or discuss the release of Manoj on account of the fact that the case filed is criminal in nature and only a lawyer can assist in this matter.Therefore you will have to get in touch with the lawyer who has been appointed (we do not know by whom) and get him to handle this matter on an urgent basis.I am sorry about this, but the laws and regulations of this country in such cases are very tough and the recourse can only be through legal means obtained by your sponsor/employer. 

Regards

CA Nandakumar A

Chairman

ICAI UAE (Dubai) Chapter

P.O. Box 500725

Dubai




From: "Ashok Mittal" <umajgn09@yahoo.com>
Sent: 26 June 2014 12:23
To: "chairman@icaidubai.org" <chairman@icaidubai.org>, "cakraghu@kraghu.com" <cakraghu@kraghu.com>
Cc: "karthikeyan@icai.in" <karthikeyan@icai.in>, "ia@icai.in" <ia@icai.in>, "manojfadnis@icai.org" <manojfadnis@icai.org>, "rekeshsehgal@icai.in" <rekeshsehgal@icai.in>, "subodhka@yahoo.com" <subodhka@yahoo.com>, "rngsiliguri@rediffmail.com" <rngsiliguri@rediffmail.com>, "sanjuprof@yahoo.com" <sanjuprof@yahoo.com>, "shyambhai88@gmail.com" <shyambhai88@gmail.com>
Subject: Re: Case of CA Manoj Agarwal detained by Bur Dubai Police at Dubai since 29th May 2014

Date: 26/06/2014
 
To
CA Nandakumar A
Chairman
ICAI - UAE (Dubai) Chapter
 
Subject: Detention of CA. Manoj Agarwal by Bur Dubai Police at Dubai in relation to official matter of the Employer Company.
 
Respected Sir,
 
In response to the queries which were enquired by you vide your E-Mail, we had mailed all the details on 22/06/2014. But sir we have not received any reply from your end after that. We know that necessary steps would have been definitely taken by you but we would like to know if any developments have been made from your end as it would be of great importance to us.
 
Besides getting legal aid in Dubai is very expensive and beyond our reach, we are in lot of hopes and are anxiously waiting for an early reply from your end.
 
Therefore we request you to please do let us know if any steps or initiatives are taken from the end of Dubai Chapter of ICAI, as it would help us in determining our further courses of action.
 
Thanking you
 
Yours Faithfully
 
Tej Kumar Agarwal
(Father of CA. Manoj Agarwal)
C/O Tirupati Trade Center,
Netaji Pally, Ward No.-16, Kaliyaganj,
Dist: Uttar Dinajpur- 733129.
Ph#  09002362500, 09434965370


On Sunday, June 22, 2014 4:29 PM, Ashok Mittal <umajgn09@yahoo.com> wrote:



Dear Sir,

We are really very thankful to you for your quick and immediate response to the issue seeking urgent attention.

Your prompt response gives us some ray of hope and confidence in this really tough situation for the entire family.

In regard to your queries we would like to highlight the following points for your kind perusal :

1. Role of CA. Manoj Agarwal working with the company :
He was working as Assistant Manager in the company. He also used to accompany the owner of the company for liasioning with the bankers for the various works related to banking transaction. The same was being done under instruction of the management in line with his job responsibility.

2.   Whether he had signed any loan documents :We are still not in a clear position regarding this as my son was carrying out his work and I am not sure whether he has signed any documents on behalf of the company. But as per my communication with him he claims
he has not signed any documents relating to bank Loan as the authorised signatory and neither he was given any such powers by the company. Also to our knowledge the bankers had not been given any letter authorising CA. Manoj to sign documents on behalf of the Company for Bank Finance. He informed us over phone that he is being framed for no fault of his.
He is also not a director or shareholder of the company nor has he issued any gurantee for repayment of loan to bankers.He was not the authorised person of the company and he has not signed any cheques which have bounced.

3.   Person from the employer's side based in Dubai who is handling this matter :     CA. Tirupat Mehta (Contact No. 00971551019450)
 
Also please note that CA. Manoj Agarwal has not taken any loan on behalf of the company or for himself.

Likely and anticipated reason for arrest/ detention: Since CA. Manoj Agarwal was in continuous touch with his employers and as
he was liasioning with the banks on behalf of the company, the bankers had an eye upon him. They have an apprehension that  he may have hidden some crucial facts of the company with the bankers and also regarded him as a key person from whom they can get financial information of the company. It's likely that the Bank doubts that the Company has hidden some crucial facts or have furnished some wrong informations to avail bank finance.

Thus they may be of the opinion that the same may be confessed by CA. Manoj. CA. Manoj has already communicated that he is willing to share all available information with the bank but the same is limited to the information he has.

We request you to kindly assist us to come out of this really tough situation for our family. Your support shall be highly appreciable and we shall be very obliged.

Thanking you.
 
Tej Kumar Agarwal
(Father of CA. Manoj Agarwal)
C/O Tirupati Trade Center,
Netaji Pally, Ward No.-16, Kaliyaganj,
Dist: Uttar Dinajpur- 733129.
Ph#  09434965370, 09002362500
On Friday, June 20, 2014 6:15 PM, "chairman@icaidubai.org" <chairman@icaidubai.org> wrote:


Dear Mr. Agarwal
 
I am in receipt of your email that was addressed to our President, CA K. Raghu regarding to the unfortunate situation of your son in Dubai.
 
From the correspondence, I note that Manoj was employed by a company in Dubai and that 
the company had taken loans from banks which they defaulted. Can you let me know in what role your son was working with the company and whether he had signed any loan documents or cheques that bounced. As you may be aware, the concerned person (whether owner or employee) who has signs loan documents or cheques are personally responsible to meet the related liability.
 
Therefore understanding the reason behind the detention is important for us to decide on the course of action that we can take in this case.
 
Also please do let us know if there is someone from the employer's side based in Dubai who is handling this matter; if so please do let us have their contact details as well.
 
Regards
CA Nandakumar A
Chairman
ICAI UAE (Dubai) Chapter
P.O. Box 500725
Dubai
 



From: "karthikeyan@icai.in" <karthikeyan@icai.in>
Sent: 20 June 2014 14:33
To: "chairman@icaidubai.org" <chairman@icaidubai.org>
Cc: "umajgn09@yahoo.com" <umajgn09@yahoo.com>, "cakraghu@kraghu.com" <cakraghu@kraghu.com>, "subodhka@yahoo.com" <subodhka@yahoo.com>, "rakeshsehgal@icai.in" <rakeshsehgal@icai.in>
Subject: Case of CA Manoj Agarwal detained by Bur Dubai Police at Dubai since 29th May 2014

Dear Sir,

Would be obliged if you would kindly guide the father of CA. Manoj Agarwal under intimation to us. If we are to do any ground work, please advise accordingly.

Regards,

T. Karthikeyan
Secretary, ICAI

Copy to :  Mr. Tej Kumar Agarwal (Father of CA. Manoj Agarwal)  - We have talked to our Dubai Chapter. They would like to have details such as has he taken any bank loan?  Is there any default in payment and was he signatory to any bank account or what was the reason for the arrest.  The above details would enable us to proceed accordingly.


From: K Raghu <cakraghu@kraghu.com>
Sent: Friday, June 20, 2014 2:25 PM
To: Secretary KARTHIKEYAN T
Subject: Fwd: Case of CA Manoj Agarwal detained by Bur Dubai Police at Dubai since 29th May 2014
 
can you please look into this

Sent from my iPhone

Begin forwarded message:

From: Ashok Mittal <umajgn09@yahoo.com>
Date: 20 June 2014 11:28:18 am IST
To: "president@icai.in" <president@icai.in>

Cc: "cakraghu@kraghu.com" <cakraghu@kraghu.com>, "manojfadnis@icai.org" <manojfadnis@icai.org>, "manoj@fngca.com" <manoj@fngca.com>, "rajkumarradukia@caaa.in" <rajkumarradukia@caaa.in>, "pchhajed@yahoo.com" <pchhajed@yahoo.com>, "pankaj@icai.org" <pankaj@icai.org>, "casanjeevmaheshwari@gmail.com" <casanjeevmaheshwari@gmail.com>, "nilesh@kkc.in" <nilesh@kkc.in>, "casbzaware@gmail.com" <casbzaware@gmail.com>, "babucentralcouncil@gmail.com" <babucentralcouncil@gmail.com>, "victorgrace321@gmail.com" <victorgrace321@gmail.com>, "ssca@vsnl.com" <ssca@vsnl.com>, "subodhka@gmail.com" <subodhka@gmail.com>, "subodhka@yahoo.com" <subodhka@yahoo.com>, "babhijit@deloitte.com" <babhijit@deloitte.com>, "ca.sumantraguha@gmail.com" <ca.sumantraguha@gmail.com>, "vijaymgarg@gmail.com" <vijaymgarg@gmail.com>, "agarwal.s.ca@gmail.com" <agarwal.s.ca@gmail.com>, "casanjivkchaudhary@gmail.com" <casanjivkchaudhary@gmail.com>, "atul@servicetax.net" <atul@servicetax.net>, "vkgupta2004@yahoo.co.in" <vkgupta2004@yahoo.co.in>, "csnanda@gmail.com" <csnanda@gmail.com>, "sunil@srei.com" <sunil@srei.com>, "ranjeet.airan@gmail.com" <ranjeet.airan@gmail.com>, "saraf@sarafchandra.com" <saraf@sarafchandra.com>, "subhash@sarafchandra.com" <subhash@sarafchandra.com>, "pdrungta@gmail.com" <pdrungta@gmail.com>, "anirbandatta_aca@yahoo.co.in" <anirbandatta_aca@yahoo.co.in>, "rngsiliguri@rediffmail.com" <rngsiliguri@rediffmail.com>, "sahoo.sunilkumar@yahoo.co.in" <sahoo.sunilkumar@yahoo.co.in>, "sanjuprof@yahoo.com" <sanjuprof@yahoo.com>, "shyambhai88@gmail.com" <shyambhai88@gmail.com>, "efiling@gmail.com" <efiling@gmail.com>, "cadassanjay@gmail.com" <cadassanjay@gmail.com>, "cakhetan@gmail.com" <cakhetan@gmail.com>, "dgca98@rediffmail.com" <dgca98@rediffmail.com>, "Siliguri@icai.org" <Siliguri@icai.org>, "eircchairman@icai.in" <eircchairman@icai.in>, "chairman@icaidubai.org" <chairman@icaidubai.org>, "vicechairman@icaidubai.org" <vicechairman@icaidubai.org>, "president@reliableinstitute.edu.in" <president@reliableinstitute.edu.in>
Subject: Case of CA Manoj Agarwal detained by Bur Dubai Police at Dubai since 29th May 2014
Reply-To: Ashok Mittal <umajgn09@yahoo.com>

Dear Sirs,
 
We wish to share the information with you and seek your help and guidance for my Son CA. Manoj Agarwal during this really tough and critical time where he has been kept in police custody in Bur Dubai and also seek your guidance as to the manner in which our family should also proceed on this matter. 
 
Our family is in real mental agony and pain. We seek guidance and help on the issue from the CA fraternity. 
 
We attach herewith the details of CA. Manoj Agarwal in a letter attached herewith and some attachments for your kind perusal. 
 
Kindly treat the matter as urgent. Please take out some of your valuable time to go through the details in attachments.
 
Tej Kumar Agarwal
(Father of CA. Manoj Agarwal)
C/O Tirupati Trade Center,
Netaji Pally, Ward No.-16, Kaliyaganj,
Dist: Uttar Dinajpur- 733129.
Ph#  09434965370, 09002362500









--
Thanks & Regards;

CA Narayan Kr. Agarwal; FCA

(Partner)

M/s D  A V A & Associates,

'Mercantile Building'; Block-B, Room No.-8; 1st Floor,

9, Lal Bazar Street, Kolkata-700001

Office Ph: (033) 22313940/ 40046893

Mobile: +91 9874355518/9433135518


offices: Chandrapur, Delhi, Kolkata & Thane





--

M. Agarwal




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