MUMBAI – The Economic Offences Wing (EOW) of the Mumbai Police has taken action against developer R A Associates and its directors, Rajendra Kothari and Sushil Kothari, following accusations of fraudulently selling a single apartment multiple times. This alleged scheme has reportedly caused a financial loss exceeding Rs 6 crore for 71-year-old businessman Pawan Arya.
The case originated from a complaint filed by Arya, who resides in Nepean Sea Road. Arya, along with his family, had secured a flat in Dadar in 2014. His family’s business, Arya Ship Industries, formalized a registered purchase agreement with R A Associates on July 18, 2014, for Flat No. B/3101 in R A Residency, Dadar (East).
According to Arya’s account, an initial payment of Rs 5.47 crore was made to R A Associates, with the outstanding balance of Rs 60.80 lakh settled between October and November 2022. After enduring what he described as “repeated delays,” the flat was ultimately handed over on June 14, 2023. Arya’s company then completed the necessary registrations for electricity and property taxes in its name and received written confirmation from the builder.
However, the family’s relief was short-lived. They later discovered that the same flat had been previously sold to another party without their company’s knowledge or approval. Certified documents accessed via the Sub-Registrar’s portal indicated that the flat was registered on July 13, 2022, under the names of Navinchand Devraj Dedhia, Forum Rajiv Dedhia, and Rajiv Navinchand Dedhia.
Arya alleges that Sushil Kothari and Rajendra Kothari, partners at R A Associates, “forged cancellation details” of the initial 2014 agreement in the subsequent sale deed, despite no actual cancellation having occurred. The 2022 document notably lacks any appended cancellation agreement, raising serious questions about the legitimacy of the second transaction.
Furthermore, a notarised affidavit dated after the second sale purportedly shows Sushil and Rajendra Kothari acknowledging that they proceeded with the second transaction due to “financial duress,” attributing it to losses incurred during the Covid-19 lockdown. They had reportedly pledged to resolve the issue but failed to take any action, as per Arya’s complaint.
“This fraudulent act has not only caused a direct financial loss of Rs 6.08 crore to Arya Ship Industries but also rendered Arya legally vulnerable, as he holds possession of a flat that has been registered to another party,” Arya stated in his complaint.
Pawan Arya initially filed his complaint with the Matunga police station, which was subsequently transferred to the EOW. An EOW officer confirmed, “We have booked the Kotharis, and now we will summon them to justify their second sale when they already sold the flat to Arya”. The Kotharis have been charged under various BNS sections for cheating, forgery, and breach of trust.
