By Dave Makkar

New York NRI Evicted from his own business without any due process, with Maharashtra Government officials conniving

Harssh Madhok a very well-known and well-established businessman based in Manhattan for last 30 years has embarked on a new journey to fight bureaucratic, political and legal corruption in India. His new journey began after he made a big investment in Mumbai, Maharashtra for his first state of the art dealership of Volkswagen under the banner of Novaa Motors Pvt. Ltdin a70,000 SQ. Ft. facility on a leased property from Akshar Automobiles aka Patel Bros. on Aug. 14, 2017. His goal was to set up 25 state of the art Volkswagen dealerships all over India in the first phase, and gradually moving to 100 dealerships. All his plans turned sour because of the alleged concealment of important material facts by landlord, and the bureaucratic and political meddling in the very first dealership that was providing jobs to 200 local residents.

On 30th October 2017, Thane Municipal Corporation (TMC)sealed the entire 70,000 Sq. Ft. facility for non-payment of past Taxes and some unauthorized construction.  TMC was told that this matter was between the landlord and TMC at the relevant time. The new owner who has invested crores of rupees must be given time to rectify the problems while running their day to day operations. Moreover, thiswas never disclosed by landlord Patel bros that there is any unauthorized construction and they owe back taxes to TMC at the time of signing the lease. The facility remained closed for about 2 months because TMC refused to cooperate. Rather, it put a condition to pay all the back taxes with interest & penalty and correct the construction irregularities.

Volkswagen Company advised Madhok that since the sales/service were shut down and customers faced inconvenience, let the facility be taken over by Modi Auto Corp Pvt. Ltd aka Nihar Modi an experienced Dealer with multiple dealerships in India, including one in Mumbai. Attorneys for Madhok, Modi & Patel bros. exchanged e-mails, draft documents and held meetings and finalized financial numbers for the takeover by Modi with the consent of Patel bros.  Patel Bros.assured Madhok that they will settle the issue of all types of financial losses sustained by him due to the closure of the facility separately.They also assured/agreed that there will be no rent until the takeover is complete by Nihar Modi. The Security Deposit of Madhok will be held by them and they will not go to the court to dispossess/evict Madhok.

All of a sudden, around mid-April Patel Bros.  changed their mind when the takeover by Modi was near completion. Akshar Automobiles Agencies Pvt. Ltd. aka Patel bros. executed a new/separate Lease and License Agreement with M/s Tejpal Motors Ltd. of Mr. Pawan Kumar Kamal Alsinghani on May 3, 2018. Same day Patel bros approached Madhok to vacate the premises and said, otherwise “there could be deadly consequences.” On June 6, 2018 their attorney sent a notice to Madhok to vacate the premises which Madhok’s attorneys replied on June 14, 2018 explaining their legal rights of possession of the premises as per the lease agreement dated Aug. 14, 2017.

On June 19, 2018, Showroom and workshop locks were broken without any due process and Court orders. On the same day Madhok lodged a complaint with Kapurbawdi Police Station (KPS), Thane. On June 21, 2018, all the relevant documents were submitted with KPS and an FIR was registered vide CR No. I-177/2018 for the offence punishable U/s. 420, 448, 506, 34 of IPC.  Patel Brothers and Directors of M/s. Tejal Motors Ltd. filed for Anticipatory Bail. Upon inspection with police, Madhok found Tejpal Group contractor was doing renovation work while some of his belongings were kept aside and a large number of articles were missing.

Initially the KPS was sympathetic to Madhok, but on 08.07.2018, his guards were picked up by the KPS and threatened by an Officer and told not to enter the premises and let Tejpal group contractor work there. According to Madhok, policestopped taking interest in his case after a call by a bureaucrat from the chief minister’s office.

At the press conference, Madhok claimed that he had tried to contact the chief minister’s office and other higher officials, including PMO & 20 Central Ministries/Departments for a quick resolution of the issue. He also said that “I had waited for more than two months for a resolution of the issue despite stating financial, physical and emotional losses I suffer due to the abrupt closing of my business, but never got any response from anyone in the government. Without naming any specific person, Madhok claimed that he had received threats to life if he did not leave Mumbai and went back to America. He was moving in Mumbai with private armed body guards. He was literally forced to leave Maharashtra to get back to the U.S.

He said that visiting Indian politicians, irrespective of their party affiliations or the state they come from, should be confronted with the question of corruption, bribery, political and bureaucratic interference that frustrate NRI investors like him and generally discourage them from giving back to their motherland.

Madhok appealed to all the NRI’s around the world to share if they have similar experience on his website https://www.justiceformadhok.comHe further requested everyone should write to the Indian Consulate or Embassy to demand justice for him and protection for future NRI investors in India. He repeatedly called for ending bureaucratic and political interference saying that police were not able to help him due to “pressures from higher authorities.” and urged the NRI community to take a united stand against corruption and injustice to him.

(The author is a social activist. He can be reached at davemakkar@yahoo.com)