Summary:
The DRT application SA-339/2021 is a fabricated and malicious legal maneuver executed without the consent, knowledge, or participation of the MSME borrower. This application was filed deceptively by Rahul Chaudhary, Praveen Chaudhary, and their family members with the aid of fraudulent Advocate Sharad Joshi, in active conspiracy with ICICI Bank officials.
To lend false credibility to the application, the conspirators:
- Forged a cheque from the MSME borrower’s 82-year-old mother, obtained by threat, coercion, and psychological intimidation, leveraging the influence of Vartika Chaudhary, wife of Rahul Chaudhary, who misused her proximity to a local lady DSP to induce fear.
- Claimed, through a falsified narrative, that the elderly mother voluntarily intended to close the ICICI loan by selling the ancestral house, despite the fact that the full loan amount was never disbursed under the sanctioned ₹2.5 crore MSME finance.
- Suppressed the fact that ICICI Bank was contractually obligated to disburse the loan only against MSME export activities, and that the borrower had long-standing export orders and obligations to USA and EU buyers, whose investments and shipments were catastrophically disrupted due to ICICI’s misconduct.
This fraudulent DRT filing was not only a gross abuse of judicial process but also a strategic attempt to:
- Bypass the rightful borrower
- Hijack property rights using emotional exploitation of the mother
- Defame the borrower’s reputation with false claims of default and dishonor
- Destroy MSME’s international credibility by freezing operations and failing committed orders
Legal Breach Identified:
- Forgery and use of forged documents under IPC Sections 463, 464, 468, and 471
- Criminal intimidation and elder abuse under Section 506 IPC and Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Abuse of judicial process and fraud upon the court under Section 340 CrPC
- Violation of MSME Contractual Obligations and FEMA-linked export breach
- Conspiracy to defraud and sabotage foreign investment orders
Recommended Legal Action:
- File a criminal FIR for cheque forgery, elder coercion, and impersonation, naming Rahul, Praveen, Vartika Chaudhary, and Advocate Sharad Joshi
- File an application under Section 340 CrPC before DRT and Civil Court to initiate perjury and fraud-on-court proceedings
- Seek a stay on SA-339/2021 with complete evidence of non-consent and forgery
- Notify RBI, Ministry of MSME, and Ministry of Law & Justice, and request a probe into ICICI Bank’s collusion
- Alert US and EU trade protection forums and embassies about export sabotage by Indian bank and co-conspirators