ISLAMABAD: The Accountability Court Tuesday sought a reply from the National Accountability Bureau (NAB) with respect to objection raised by alleged Benamidar of Senate Deputy Chairman Saleem Mandviwalla, over its order regarding endorsing of freezing 310,800 shares valuing Rs31,080,000 in an investigation regarding 'illegal' allotment of plots of the Overseas Cooperative Housing Society (Kidney Hill), a case pertaining to fake bank accounts.

Tariq Mehmood, the alleged Benamidar of Mandviwalla, filed objection petition through his counsel, Barrister Qasini Nawaz Abbasi, and requested the court by accepting the instant objection petition, recall confirmation order dated November 24, in the interest of justice.

The court issued notice to the NAB and directed the bureau to submit its reply till December 18. The petition says that the petitioner is a director in a company namely M/s Mangla View Resort (Pvt) Ltd, who entered into a joint venture (JV) with M/s Mandviwalla Builders and Developers (MBD), Sian Group vide JV agreement executed at Karachi on February 16, 2015 in order to jointly establish, build, develop, and undertake, the project situated at revenue estate of village of Sultanpur Tehsil Dinda, District Jhelum.

It is also of relevance to mention here that the said project was not executed due to difference between the parties, and presently litigation pertaining the same, is pending adjudication mutually terminated before the Sindh High Court at Karachi, it says.

The petition says that as per the JV, both the parties agreed SIAN and MBD jointly established developed, design construct market a project land measuring 324 acres of M/s Mangla View Resort situated in Mangla Cantt, Jhelum. As per the JV agreement M/s SAIN transferred 2,892,000 shares that were 24.1 percent shares of project company (MVR) to MBD.

Tariq Mehmood, the objector was appointed as a nominee from MBD, and 24.1 percent shares were transferred on his name. Board resolution dated March 10, 2015, were passed and duly signed, it says. The JV agreement was and all parties entered into a mutual termination agreement January 10, 2018, and MBD agreed to transfer its shares against recovery of its agreed investment in Mangla View Resorts.

It says that as per the termination agreement a "new party name" M/S Harley Willington (Pvt) Ltd, agreed and decided to settle all claims of the MBD.

In this regard, seven cheques of Rs125 million were issued. All the cheques were drawn on SONERI Bank and issued by M/S Ad More Facility Management (Pvt) Ltd on behalf of M/S Harley Willington.

One namely Sharheel Shafiq signed all these cheques on behalf of M/S Harley Willington; however, several cheques were returned on account of insufficient balance, therefore, M/s MBD initiated legal proceedings and all these proceedings are pending before the court.

The respondents, the NAB are conducting an inquiry against one namely, Muhammad Aijaz Haroon, on charges of being chairman and secretary of the Overseas Cooperative Housing Society's management committee misused his authority by creating 12x fake plot files in the name of fictitious allottees.

Haroon allegedly conspired with the other accused persons for laundering of illegal/unexplained money of the OMNI Group in garb of 12x fake plot files, and received illegal pecuniary advantages financial gains Rs144 million.

The accused, Haroon, received illegal pecuniary advantage to the tune of Rs144 million and the same was misappropriated through his own bank account as well as through the bank accounts of his associates. Haroon being custodian of record have maneuvered membership and allotment details of the society, and illegally created various plot files to benefit himself and his associates. The accused, Haroon, has falsified society's record and created and transferred various plot files in favour of your associates for his personal benefit through illegal and unlawful exercise of powers of Managing Committee.

Haroon was arrested by the NAB, from Karachi and was served with the grounds of arrest issued by the respondents. It says that neither the petitioner nor MBD have got anything to do with the investigation pertaining to affairs of Overseas Co-operative Housing Society Ltd (Kidney Hill).

It is of relevance to point out here that MBD is a company owned by Nadeem Hakim Mandviwalla who is real brother Saleem Mandviwalla who is sitting Deputy Chairman of Senate of Pakistan and has political affiliation from a mainstream opposition party. It would also not be out of place to mention here that MBD has also got no nexus with Overseas Co-operative Housing Society Ltd (Kidney Hill).

The petition says that despite being aware of above mentioned background the NAB without mentioning the same, filed an application filed under Section 12 (c) NAO 1999 (for confirmation of order passed by DG NAB under section of the NAO 1999) regarding freezing of shares which was subsequently confirmed.

Copyright Business Recorder, 2020