#Hillcrest, #TaintedHillcrest, #NCLT, #NandKishoreChaturvedi, #ProceedofCrime, #illicitinvestments, #hotelroyalplaza

 harat Jeetega, Corruption Meetega!

PUBLIC INVESTIGATION

EXPOSE ON THE MAJOR HAWALA RACKET IN INDIA

Key players: #NandKishoreChaturvedi and #AshokMittal (Note: All facts and documents are public and submitted in court. Link of the key document is here: https://www.scribd.com/document/690485435/Ia-No-386-of-2023-Volume-i-to-Volume-IV-in-Cp-No-47-of-2010-1?secret_password=H1wu4g3dAlSaAWDFi1Sx

 (The purpose of this article is to create public awareness and not target any individual.)

RP Mittal request NCLT to restore Hotel Royal Plaza's original share holdings after foreign investor Hillcrest 20- years term ended & also having a close link with NandKishore Chaturvedi, wanted hawala dealer & Ashok Mittal

By Anant Goenka

#RPMittal, the owner of #HotelRoyalPlaza who was illegally ousted by his younger brother #AshokMittal in 2007, has requested #NCLT (National Company Law Tribunal) to immediately restore the original share-holding pattern of the hotel's holding company (99% share belong to him and family members) due to drastic change in the circumstances. Firstly,  #AshokMittal and #NandKishoreChaturvedi's off-shore company #Hillcrest which had invested to a tune of Rs 29 crores in 2003 to buy preference shares for 20-year period terms in the hotel's parent have ended this year. This investment facilitated their control over hotel's management and operations, which still continues. Secondly the Income Tax (IT) has recently found vital documentary evidences (paper trail of money routed) that the Hillcrest is a tainted company, funded by black money laundered by Ashok Mittal, his son Vikram Mittal and Nand Kishore Chaturvedi. The company has no business of it's own but was created only to route owners' black money in the hotel for illegally grabbing it and also evade taxes.

The Income Tax has already raided Hotel Plaza and Ashok Mittal's other businesses in 2022 and opened a LOC (Look Out Circular), fearing his escape. https://economictimes.indiatimes.com/news/india/i-t-dept-raids-hotel-royal-plazas-chairman-for-stashing-rs-40-crore-abroad/articleshow/93074759.cms; https://www.outlookindia.com/business-spotlight/delhi-high-court-upholds-loc-black-money-launderer-ashok-mittal-of-hotel-royal-plaza-by-abhinav-sharma-news-334756; https://www.indiatoday.in/india/story/income-tax-dept-raids-hawala-operator-nandkishore-chaturvedi-entities-several-states-2390183-2023-06-08

This has led to a significant loss of trust and confidence in the hotel's management and operations. This development has come after the Enforcement Directorate (ED) and IT authorities found that Ashok Mittal and Nand Kishore Chaturvedi have significant ties, especially with Hillcrest Realty, a Malaysia-based company that invested in Hotel Plaza through the FDI route. Through Hillcrest and the illegal issuing rights of equity shares, the duo have managed to ouster the majority equity holder, R. P. Mittal, from the hotel. This has allowed them to gain control over the hotel's operations and assets.

R. P. Mittal and his family members have contested the illegal equity share allocation before the NCLT. They have demanded the immediate dissolution of the current board and the appointment of administrators to run the hotel's affairs. And also to restore the original share patterns in which they had majority shares. Hillcrest's 20-year term expiring in 2023 has strengthened their case, and the fact that it is a Benami company and its investment is suspect makes it likely that the government will seize it. This could lead to a significant shift in the balance of power and control within the company.

The petition before the NCLT in IA No. 384 of 2023 in CP No. 992 of 2005, IA No.385 of 2023 in CP No. 1832 of 2008 and IA No.386 of 2003 in CP No.47/ND/2010 gives details of Ashok Mittal's manipulation of equity shares after controlling the company from the back door through benami investment. This has resulted in a significant shift in the balance of power and control within the company. Following are the facts of the case and the crux of the dispute. https://www.republicworld.com/business/industry/nclt-to-rule-on-fate-of-historic-royal-plaza-hotel-in-ownership-dispute.news

In 2002, R.P. Mittal, along with his family and his company, purchased Hotel Royal Plaza by acquiring 99.99% equity shares (8,98,193 shares out of a total of 8,98,352 shares) of Rs. 10 each of Hotel Queen Road Pvt. Ltd. R.P. Mittal gave 1 equity share of Rs. 10 each to his younger brother, Ashok Mittal.

In 2003, a foreign shell company, Hillcrest Reality SDN. BHD., Malaysia, belonging to Hawala Operator Nand Kishore Chaturvedi, was allotted 28,29,290 preference shares of Rs. 100 each in Hotel Queen Road Pvt. Ltd.

Ashok Mittal and Nand Kishore Chaturvedi/Hillcrest Reality SDN. BHD contested Hotel Royal Plaza's 2005 allocation of additional 81,01,648 equity shares to R.P. Mittal, his wife, and his company in front of the Delhi High Court.

The company's Board of Directors took over management of the Hotel Royal Plaza after Hillcrest Reality SDN. BHD. Malaysia received voting rights from the Delhi High Court and the Supreme Court in 2009.

Misusing the voting rights, the Board of Directors constituted by Hillcrest Reality SDN. BHD. Malaysia in July 2009 illegally offered right shares in the ratio of 1.67. Even though 81,01,648 equity shares allotted to R.P. Mittal Group were pending in a sub-judiciary decision of the Delhi High Court, R.P. Mittal Group was also offered 1,35,29,752 (81,01,648 x 1.67) shares of equity shares against the sub-judiciary allotment of 81,01,648 equity shares.

Since the allotment of 81,01,648 equity shares was a sub-judice before the Hon'ble Delhi High Court, 1,35,29,752 shares of right shares could not have been offered to R.P. Mittal Group, and the said right offer being illegal, R.P. Mittal Group did not subscribe to the same.

However, knowing fully well that the Right Offer of 1,35,29,752 Nos. of Right Shares is Sub-Judice, the Board of Directors of Hotel Royal Plaza, constituted by Nand Kishore Chaturvedi/Hillcrest Reality SDN. BHD, illegally allotted 1,00,00,003 Nos. of Right Shares to Ashok Mittal out of the said illegal Right Issue of 1,35,29,752 Nos. of Right Shares.

Via Order dated May 31, 2013 of the Delhi High Court, which is confirmed by the Supreme Court via Order dated May 10, 2019, the allotment of 81,01,648 shares of R.P. Mittal Group was held to be invalid. Resultantly, 1,00,00,003 right shares illegally allotted to Ashok Mittal out of the Sub-Judice Right Entitlement of the R.P. Mittal Group of 1,35,29,752 shares also became illegal.

Thereafter out of his illegally allotted 100,00,003 equity shares, Ashok Mittal further on 9.09.2013 illegally transferred 88,00,000 nos. of equity shares to one of his company namely Litolier Finance Ltd. (60,00,000) nos. of equity shares), his wife Mrs Nirupama Mittal (13,00,000 nos. of equity shares), his son Vikram Mittal (5,00,000 nos. of equity shares) and his daughter Ms Ruchi Ashok Mittal (5,00,000 nos. of equity shares), and his HUF namely Ashok Mittal HUF (5,00,000 nos. of equity shares).

With effect from July 20, 2003, the preference shares allotted to Hillcrest Reality SDN. BHD. ceased to exist, and R.P. Mittal Group has a majority (99.99%) of equity shares. Hence, R.P. Mittal Group has knocked on the doors of NCLT to take over control and management of the Hotel Royal Plaza from the clutches of the Board of Directors constituted by Hillcrest Reality SDN. BHD. and Nand Kishore Chaturvedi, which ceased to exist w.e.f. July 20, 2023.

The following Petitions/ Applications are pending before NCLT for adjudication:

1. Hotel Queen Road P. Ltd. Vs. Hillcrest Realty Sdn. Bhd. And Ors.

(i) R.A No. 4/ 2023 in C.P. No. 992/2005,

(ii) I.A. No. 363 of 2023 in C.P. No. 992/2005;

(iii) IA No.384 in CP No. 992/2005

(iv) IA No.410 of 2023 in CP No. 992/2005;

(v) Main C.P. No. CP No. 992/2005.

2. M/s Hillcrest Realty SDN. BHD Vs. Mr. Ram Parshotam Mittal AND ORS;

(i) I.A. No. 358 of 2023 in C.P. No. 1832/2008;

(ii) I.A. No. 38 of 2023 in C.P. No. 1832/2008;

(iii) I.A. No. 385 of 2023 in C.P. No. 1832/2008

(iv) Main C.P. No.1832/2008;

3. Mr. Ram Parshotam Mittal & Ors. Vs. M/s Hotel Queen Road Pvt. Ltd. & Ors.

(i) I.A. No. 362 of 2023 in C.P. No. 47(ND)/2010

(ii) I.A. No. 65 of 2023 in C.P. No. 47(ND)/2010

(iii) I.A. No. 39 of 2023 in C.P. No. 47(ND)/2010

(iv) I.A. No. 37 of 2023 in C.P. No. 47(ND)/2010

(v) I.A. No. 386 of 2023 in C.P. No. 47(ND)/2010

(vi) Main C.P. No. 47(ND)/2010,

4. Ram Parshotam Mittal & Ors. Versus Hotel Queen Road Pvt. Ltd. and Ors. Company Petition No.108 of 2023.

 

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