If you choose to believe........,
That becomes your Truth!
If you choose Not to believe.......,
That becomes your Truth!
IT IS MORE OF WHAT WE CHOOSE TO BELIEVE THAT CREATES AND SHAPES OUR REALITY
RATHER THAN
IT IS RIGHTLY SAID BY MATIAS De STEFANO THAT WE HAVE THE ABILITY TO CREATE AS FAR AS WE CAN, WITH THE POWER OF IMAGINATION !
Dr Racchana D Fadia
-Meraki Pegasus
Message sent by a wellwisher
*khwahishon ke boj mein tu kya kya kar raha hai*
*itna toh jeena bhi nahin, jitna tu roz mar raha hai*🌹❤️
My reply to the wellwisher :
वो ज़िन्दगी ही क्या
जिसमें अपने अस्तित्व के रचेता का
कोई एहम नहीं
वो मौत ही क्या
जिसमे हमारे पूर्वजो को
हमपर फक्र नहीं!
- Dr Racchana D Fadia
- Meraki Pegasus
I used to write letters to myself and to God as a child in whatever language I knew at the time, but never imagined myself as a Poet. Although, by a stroke of fate, my journey into poetry began unexpectedly amidst the clinical hustle of Medicine practicals somewhere in the year 2001-2002, where the sterile precision of hospital rounds collided with the chaotic heartbeat of creativity. In the absence of our esteemed Medicine Professor that day, as my colleagues indulged in casual banter outside the hallowed hospital wards, I found an unconventional canvas for expression. In that serendipitous moment, I seized my pen and, almost instinctively, etched the embryonic verses of what would evolve into my inaugural poem—NEVER GIVE UP! What started as spontaneous scribbling transformed, with deliberate refinement, into a testament to resilience and unyielding spirit
Dr Racchana D Fadia's Muse: Never Give Up!!!
After this poem was written in the second year of M.B;B.S at Medical College, over the course of time, I unearthed a latent talent within me — the ability to weave poetic verses and shayaris in Hindi, infused with Urdu elegance. It was an unexpected revelation, perhaps sparked by impromptu shayari sessions with colleagues in the Medical College hostel. To my astonishment, words previously unencountered in my personal readings effortlessly spilled onto the paper, forming verses that, upon cross-verification, turned out to be impeccably crafted.
Around 2009 I also came to accidentally stumble upon the Vipassana meditation and in the process, became an ardent follower of Lord Buddha instantaneously, as if my subconscious was already aligned with the Teachings of Lord Buddha.
The fondness for writing had become a vessel for my burgeoning self-expression, allowing me to articulate thoughts across a spectrum of subjects. Sharing my compositions became a ritual, with readings entrusted to my mentor, Director Prof. Dr. K.C. Mohanty. One pivotal day, he proposed the idea of transcending personal musings to the public domain through a blog. Thus, "Dr. Racchana D Fadia's Muse" was born at drracchanadfadia.blogspot.com — a humble genesis underscored by boundless gratitude to the guiding light of my mentor who not only nurtured the birth of my intellectual identity but also sculpted my psyche, as a continuation of the profound gift bestowed upon me by my loving parents in the form of my physical body.
In the subsequent chapter of my literary journey, fate led me to YourQuote. Engaging with their prompts not only exercised my mental faculties but also unearthed a profound love for writing. It became a cerebral exercise, an immersive state of flow where the words danced effortlessly. At times, revisiting my own compositions left me in introspective wonder, questioning, "Did I write this? Truly?" In this literary odyssey, the written words became not just an expression but a revelation of the soul's depth. The realization that writing is an inherent part of my being has been both a revelation and a source of unbridled joy.
One profound encounter stands out among my life's transformative experiences—following my participation in the Enlightened Warriors Power camp in 2019, a profound personal growth program. Tasked with embracing our roles as warriors for the greater good, we were guided to seek clarity through meditation. As I delved into this meditative journey, I posed a question to the vast Universe: reveal to me a glimpse of my purpose on Earth. What unfolded was an awe-inspiring vision—a white, winged horse with a majestic horn adorning its forehead, accompanied by a monk radiating an aura of enlightenment. Unfamiliar with Western mythological creatures, I initially associated this ethereal being with Pegasus, thus christening myself "Enlightening Pegasus."
It was only later, through diligent research, that I discovered the distinction between Pegasus and the mythical Unicorn. The creature I had envisioned, a convergence of both winged Horse and with a mystical horn, is known as an Alicorn. Despite this revelation, my heart remained steadfastly attached to the name Pegasus. Inquisitive, I sought to understand the significance of these vivid images revealed during the Enlightened Warrior Power Session. My query to the Universe— "Who Am I?" —took an unexpected turn as a poetic flow emerged within me. Lines gracefully formed on paper, weaving a narrative that resonated with my subconscious depths - sans the knowledge of how it would come to fruition!
Through meticulous proofreading, I refined these verses into a final composition, a testament to the alignment of my inner self with a higher calling. As the verses took shape, I surrendered to the guiding hand of the Universe, trusting it to illuminate the path toward my highest good. This journey, marked by mystical revelations and self-discovery, epitomizes my commitment to the name "Enlightening Pegasus" and the purpose it signifies
Dr Racchana D Fadia's Muse: WHO AM I ?
After this profound poem, my journey of self-development unfolded, guiding me toward the realization of my life's purpose revealed during meditation. Little did I anticipate the twist of fate that awaited me. My plans to relocate to Malaysia, aligning with Mindvalley and engaging in Dermatology department of a Malaysian University as a part-time teacher, were abruptly halted by the global onslaught of the Covid pandemic. Despite the detour and in the face of adversity, the knowledge imparted by my mentor, a respiratory physician, proved instrumental in alleviating Covid symptoms among acquaintances. This success catapulted me into being a frontline Covid warrior, offering my expertise and fearless willingness to join Covid wards (for conducting my protocols) at Kasturba Hospital in Mumbai, at a time when Respiratory physicians were themselves literally scared and unwilling to attend to the Covid patients due to the dreadfulness of this disease portrayed in the media by the world governments.
However, life took an unforeseen and tumultuous turn when my father's decade-long conflict with a builder erupted into a storm, thrusting and dragging me into an undesired battlefield. The severity of the situation reached a tragic climax when the builder's machinations played a role in my father's ill-treatment during hospitalization and subsequent demise. Powerless in the face of a personal tragedy, I witnessed my father's life slipping away from my hands, a stark contrast to the fulfilling successes I had in saving other Covid patients (who were more elderly and more critical than my own Father) from the fatal clutches of the Covid disease.
This darkest phase sought to break not just my spine but also my spirits, a warning to deter us from pursuing legal action against the builder. Losing my father mysteriously, coupled with the builder's audacious claims sent through police documents, left me in anguish, enveloped in darkness, and consumed by the flames of vengeance. Initially driven by the desire to destroy everything, I stumbled upon the healing words of Master Stephen (Pranic Healing) through the serendipity of YouTube's auto-suggestions.
Master Stephen's teachings, especially those centered around Lord Buddha, became my lifeline. In the midst of his lectures, I experienced profound realizations that redirected my path. Although I managed to shed the negative energies of revenge, the guilt of being unable to save my own father lingered, gnawing at me from within. Fortunately, Pranic Healing emerged as my guiding light, unveiling my Zone of Genius and aligning me with my true calling.
Today, fortified by the grace of God, the guidance of my Guru, and the support of celestial beings, I navigate my journey with unwavering faith in the Divine. I eagerly anticipate the manifestation of my life's vision and soul purpose, trusting that it will become a reality and for the highest good of all, as I offer myself to God as The Humble Servant of The Divine , forever and till Infinity!
AUM AMEN AAMEEN TATHAASTU
- Dr Racchana D Fadia
- Meraki - The Enlightening Pegasus
Thankyou Suzanne and Lorna for a talk that heals many wounds, that lights up hope for those who feel lost and drained by the ways of the material world!
Light workers and God's messengers like you are truly needed the most in these times , which is one of the golden periods in the history of makind that we know so far.... so advanced, yet so materialistic, so digitally connected yet so lonely, so evidence based and scientific yet so sceptic when it comes to remembering our roots - the "I Am" consciousness!
A soothing balm of hope from Holy Angels and Archangels sending us the loving message - "Just hang in there, we are around you , guiding and protecting you with God's love and light!"
Abundant Gratitude,
Loving Light,
Meraki Pegasus
The Punishment for filing of False Affidavit in Court is mentioned in the following youtube educational video :
This is the sad story of continuing INJUSTICE with The TWO WOMEN from MUMBAI in India out of whom the mother is a 68 year old senior citizen (my mother) and the daughter is an educated MD Dermatologist who is now studying law (myself).
The immense oppression and injustice faced by us is not only from the dirty acts of a habitual criminal Builder Mr Ramji Harakhchand Shah, Mr Mansukh Harakhchand Shah, Mr Dipesh Dhanji Shah, Mr Umesh Damji Dedhia, Mr Pankaj Nanji Gada, Mr Gaurav Padamshi Khirani, Mr Hiren Premji Savla from Ms Shah & Jain Constructions / Shah Housecon Private Limited, Malad East Mumbai but very shockingly we are facing oppression also from the various Officers of the Law, Order and Judiciary responsible for doing justice with the victims!
Hence we TWO WOMEN ARE SHAVING OUR HEADS CLEAN BALD just few days before Diwali 2023 with an extremely heavy heart as we find no other way to deal with the immense pain, mental agony and anguish for repeated incidents of irreparable injury to our fundamental rights as victims and fundamental rights in a democracy such as India, as promised by the Constitution of India to its every citizen to live a life of dignity, peace, harmony, health and well-being! This injury to our fundamental rights is done openly by the Lower Court Judges repeatedly since 2020 despite being informed that the habitual offender Builder has not only defrauded us , defrauded the Police as well as other third parties including government bodies but also playing fraud upon the courts by filing false affidavits before the Courts which are Temples of Justice! We cannot tolerate this anymore hence this grave step !
Brief facts of fraud : My parents purchased Two Flats from this Builder through mediation of family friend Mr Umesh Damji Dedhia in 2006. It was smooth deal and all verbal agreements were fulfilled along with a waiver of small amount of interest that accrued on few last instalments of payments. Hence in 2011, the mediator Mr Umesh Damji Dedhia again gets the second proposal on behalf of Shah Housecon Pvt Ltd to my parents to sell off the two old flats to new buyers brought by the Builder at a profitably higher price and in lieu of depositing that entire amount (received from the sale of the two old flats that were in our peaceful possession at that time) with Builder, they offered us three Flats at a profitably lower price at 20th and above floor in a posh high rise tower with luxurious amenities and two car parkings each flat. This was a honey trap to induce my parents (who were continuously reminded about smooth first deal and the waiver of meagre interest on some late instalments regarding first deal of 2006 to emotionally blackmail parents about gentleman image of builder) into selling our two old flats and the mediator Mr Umesh Damji Dedhia being family friend took complete guarantee of the Builder's offer. Hence my parents agreed to sell off our two old flats in our peaceful possession to the buyers brought by the Builder and deposited a good 1.57 crores rupees with the Builder for being allotted three Flats in their project Shah Presidency in 2011. However, despite collecting more than 40% amount as earnest money, the Builders never executed registered Agreement as per the mandatory section 4 of the then applicable MOFA Act. And this project never even started till 2013, however the Builder has not paid any interest to our family as per the applicable MPID Act. Later the Builder did joint venture with Kanakia Builder in September 2012, and the entire layout and architecture of Shah Presidency was changed by Kanakia Builders and the erstwhile project Shah Presidency was renamed as LEVELS (now Kanakia Levels). Thereafter, out of the erstwhile allotted Three Flats in the project Shah Presidency in 2011, the Builder only allotted Two Flats to our family at renamed project LEVELS (now Kanakia Levels) giving frivolous excuses and disregarding the Deal made (to defraud us and collect huge amounts of money to the tune of 1.57 crores Rupees in cash and cheque in 2011) with my parents. They kept sending us illogical and confusing Demand letters on a few ocassions and whenever we would visit their office for understanding accounts they would refuse to meet us on some or other pretext thus killing time and also never provided us any ledger statement of accounts since 2011. My father was also threatened diplomatically since 2016 about lives of women and children in family while they travel to schools/markets and hence Father couldnt gather courage to seek legal help and wanted to solve the matter amicably with them!
Shockingly, out of the two flats that were alotted to us in LEVELS, the scamster Builder fraudulently sold off one flat to another third party in August 2015 and even after selling off this flat to third party the Builder has kept sending us the Demand letters and Notices of the same sold-off Flat to our family till 2016 - 2018, to keep us in the dark and keep extorting money from my Father who has again paid an amount of 8 lakh Rupees in 2017 and again another amount of 35 lakh Rupees to Builders in 2018-2019 under the promises made by them to register the Flats in our family name as per the Deal of 2011!
We learnt about this fraud of our one flat sold -off to third party behind our back, only in Mid- June 2020 and this was when my mother decided that she has to personally seek clarification of accounts from the Builder Mr Ramji Harakhchand Shah because the Builders had made my Father submissive by repeated threats of life. Hence me and my mother visited Office of Builder on 25/06/2020 as per appointment given by Builder Ramji Shah on 24//06/2020 to my mother on phone. However, the Builder again refused to meet us on 25/06/2020 as usual and instead called us back at his office on 27/06/2020.
We later learnt that, on 25/06/2020, after we left his office, the same Builder called up my Father over a phone call and threatened my Father that if me and my mother seek any accounts of money from him on 27/06/2020, he will show us his crooked ways and that he can even get me and my mother silenced in just two minutes as he knows all the BHAIs(Dons) of Mumbai. (This Call recording is with Police but Builder is not cooperating investigation). And on 27/06/2020, Builder refused to acknowledge any cash money of our family and then orchestrated the shameless incident of causing brutal injuries and outraging our modesty himself along with his staff/goondas at his office exactly as per the threat given to my Father on 25/06/2020.
All the strong irrefutable evidences of these offences committed by Accused Builder with us and our family by humiliating, abusing, threatening, then causing brutal injuries of fracture foot to my senior citizen mother, bleeding three dimensional cut inside my oral cavity and bruises on my body, pulling my hair, touching me inappropriately in the preplanned event, unreasonably imputing unchastity to my mother , outraging our modesty on 27/06/2020 (registered as first FIR) to cover up their preceding offences of criminal breach of trust, cheating, fraud, conspiracy, MOFA Act violations, MPID Act violations etc in the flat sold off to third party in 2015 (registered as second FIR) are in possession of the Police and now mentioned in the latest Police reports of these two FIRs, after herculean efforts.
The Police had filed first Bail cancellation Application against Builder in the first FIR (for outraging modesty /causing grievous injuries to us), when I brought to their notice that Builder had procured Anticipatory Bail on 07/07/2020 in the first FIR on totally false grounds of "no criminal antecedents" that was mentioned in Order dated 07/07/2020 passed by the Ld. 9th Dindoshi Sessions Court (passed in my manipulated absence) whereas there were many FIRs registered against him. Interestingly, the Ld. 9th Dindoshi Sessions Court Judge had heard the entire case of first FIR and passed an Order dated 07/08/2021 in first Bail Cancellation Application in first FIR, by allowing the Builder to continue Anticipatory Bail subject to certain fresh terms and conditions. However, the Builder did not comply these terms and conditions in its entirety and therefore a second Bail Cancellation Application was re-opened in first FIR by Police again as per the Order dated 07/08/2021 passed by the Judge of Ld. 9th Dindoshi Sessions Court.
This second Bail Cancellation Application was kept on board of the same Judge of Ld. 9th Dindoshi Sessions Court on 02/09/2021 when another matter for Anticipatory Bail Application, filed by same Builder apprehending arrest in the preliminary investigation of police for the complaint letter submitted for fraud in the sold-off flat (FIR was yet to be registered) was also kept for first hearing on same date before same Judge. Despite having heard the entire facts of first FIR in first week of August 2021, despite perusing extensive criminal records of many frauds done by same Builder during legal proceedings in first Bail Cancellation Application of first FIR, despite the fact that second Bail Cancellation was reopened against same Builder only because of the willful contempt of Court Order dated 07/08/2021 passed by the same Judge in first FIR which was also kept for hearing on same date as this Anticipatory Bail Application, SHOCKINGLY, a Non-speaking Order of Interim relief was smoothly granted by the same Ld. 9th Dindoshi Sessions Court Judge in this second Anticipatory Bail Application filed by Builder (w.r.t complaint letter of fraud in the sold-off flat).
And such non-speaking Interim relief Order was passed by Ld. 9th Dindoshi Sessions Court in contravention to the precedents laid down by The Hon'ble Supreme Court of India clearly stating that powers of interfering in investigation by granting reliefs to Accused in Anticipatory Bail Applications must be used with great caution and sparingly, and that the Interim reliefs granted to Accused ought be detailed with reasons as to why there was any need for interfering in the investigation procedure and protecting the Accused from arrest in non-bailable offences being investigated by the investigation agencies!
The Non-Speaking Order of Interim relief to Accused Builder was granted while me and my brother who are the original victims, and who were present in court premises since 12 noon on 02/09/2021, were also prevented to enter the court Building, despite making multiple requests to the Public prosecutor and Police Officers to be allowed to be heard by the Judge of Court Room No. 9 before passing Interim relief (we were stopped by security staff at the gate of Court building saying that it was done as per the orders of the Public prosecutor of Court Room No. 9). We, the Original complainants were not allowed to enter the court building to be heard by the Court despite Circulars from Higher courts such as The Ld. Greater Bombay Sessions Court and The Hon'ble High Court of Bombay to allow all the party-in-persons having their matters kept on board, to enter the court buildings across all courts of Mumbai since 03/08/2021 (revised mandate for lifting off the Covid restrictions) and this was in total gross and shameful violation of the democracy that India claims to be along with violation of fundamental rights and violation of natural principles of justice! And instead of initiating suo-motu proceedings against same Accused Builder for committing the criminal contempt of a recent Court order dated 07/08/2021 passed by the same Judge at 9th Court, a non-speaking Order of Interim relief was granted to the same habitual offender scamster landgrabber Builder in second Anticipatory Bail Application by the same Judge of 9th Court keeping us stranded outside the court building and not hearing us despite multiple requests sent to the Public Prosecutor of the court, the Police and officers of court through urgent despatches, emails, text messages, whatsapp messages!
Investigation has not even started since registration of both the FIR complaints, first FIR registered on 27/06/2020 and second FIR for Fraud registered on 16/11/2021 , because the Builder was smoothly granted Anticipatory Bail in first FIR on 07/07/2020 in my manipulated absence (I am the original Victim in first FIR for outraging modesty /grievious hurt) and again a Non-speaking Order for Interim relief was granted without hearing us on 02/09/2021 in second matter of fraud, these Orders were passed liniently by the same Judge at Ld. 9th Dindoshi Sessions Court and thereafter the Builders have not been co-operating in the investigation.
And the Builder has not only committed fraud in the flat that was sold off to third party in August 2015, but also committed more fraud in the single Flat that is registered by the Builder (out of total three as per Deal in 2011) in my Mom's name. The Builders have done conspicuous fraud and forgery, documentary evidences of which have been perused and confirmed by The Additional Commissioner of Police North Region as obvious case of fraud and forgery seen on records and hence, we were also assured by The Addl CP North Region on 21 February 2023 that Police will take cognizance of this complaint (filed by my senior citizen mother in December 2022) within 7 days and now it has been end of October 2023, we are still waiting for urgent necessary action from Police and justice from Courts!
The strong evidences of serious criminal offences committed by same Builders in many other cases and Orders passed by various Courts and Tribunals including Arrest Warrants and processes issued from Magistrate Courts against this Builder, later released on Bond and Bail Bond from such courts, repeated cheque bouncing criminal cases under Negotiable Instruments Act, fraud with Government bodies like Slum rehabilitation Authority Mumbai, Orders that show that the Builder is a willful defaulter in paying rents for alternate accomodation to the poor slum dwellers whose homes have been demolished by Builder since more than 10 years, Orders that show that the Builders are willful defaulters of local municipal corporation bodies such as P-North Ward at Brihan Mumbai Mahanagarpalika denying to pay Taxes running in crores of rupees, Orders that show that Builders have illegally sold off non-saleable SRA scheme Flats to ineligible / Apaatra individuals (third party candidates who dont belong to the slum societies that are developed by Builder under Slum Rehabilitation Scheme), Orders referring the criminal complaints against the same Builder to the Anticorruption Bureau of Mumbai for regsitering F.I.R. to investigate the offences of criminal conspiracy and landgrabbing with hand-in-gloves involvement of the unholy nexus in government departments , Orders showing that the Builder is involved in Multicrores Rupees scam committed with Financial organisations by mortgaging properties with Banks for loans of multicrores rupees and simultaneoulsy selling off such mortgaged properties to third party individuals/Flat buyers without necessary permissions and thereafter not paying up the multicrores rupees loan to the financial organisations, all these were unearthed by me in various State Departments since 2021 and have been provided to the police. Hence I was tried to be attacked and threatened to stop unearthing evidences against the Builder from various Departments.
That the car of Builder attacked me on 16/11/2022 outside Ld. Dindoshi Sessions Court because of our continued legal actions against him and this incident was captured in the CCTV Footage of government surveillance cameras, that clearly shows that Builder's car tried to run over me outside court premises while taking reverse turn when there was no reason to take reverse turn. Still, an FIR was not being registered by Police against the Builder and they have never been issued Arrest warrants for the repeated acts of trying to harms us despite having strong evidence against them. This is in complete contrast to the case of Actor Uorfi Javed who was simply sent life and rape threats on her whatsapp number in December 2022 by some stranger and the stranger was not only traced by Goregaon Police Station from his whatsapp message, but an FIR was also registered immediately and the stranger was even arrested. We have seen, felt and experienced SO much disparity and inequality in law that we are immensely agonised and suffering extreme mental anguish !!!!!!
Initially these threats were indirect and thereafter they became bolder to direct attacks done on us in broad daylight outside the premises of Sessions Court to show us and make us realise that we will not be heard by police / courts ever!
And despite the Police reports mentioning that the Builder has been misusing the liberty granted to them by Ld. 9th Dindoshi Sessions Court since 2020, through Anticipatory Bail in first FIR and the Interim-relief in second FIR , that the Builder has boldly used that freedom to threaten and attack me and my mother to stop us from participating in legal proceedings, however the Ld. 9th Dindoshi Sessions Court has never revoked their Anticipatory Bails and Interim relief - which are subject to only good conduct of Accused in criminal matters. And on bringing these incidences to the light of Ld. 9th Dindoshi Sessions Court in December 2022, instead of hearing my grievances, the Judge at Court Room No. 9 Dindoshi Sessions Court asked me in December 2022 "Why should I listen to you? You are not even the Original complainant in second FIR(fraud)! What is the relation between attack on you and the Anticipatory Bail Applications of Accused (Builder)?"
Hence I knew I am not getting justice there and immediately sought urgent hearing before Ld. Principal Judge HHJ Shri A. Subramaniam at Greater Bombay Sessions Court on 20/12/2022 for redressal of grievances and requested to stay the final hearings of these matters kept by Ld. 9th Dindoshi Sessions Court on 21/12/2022 so that my reasons for filing for the Transfer Applications of these matters from Ld. Dindoshi Sessions Court could be heard on merits and finally disposed off in the best interest of justice. Strangely, even the Ld. Principal Judge at Greater Bombay Sessions Court Shri A. Subramaniam arbitraily dismissed my Transfer Applications saying that there is no urgency in my matters, and neglected that why was the Ld. 9th Dindoshi Sessions Court in a great hurry to pass final judgment on 21/12/2022 without taking evidences on records while the Builder was already on Interim relief and their rights were not prejudiced at all!
The life-threatening attacks on us have only recently stopped, after I sought Police protection from The Commissioner of Police Mumbai and an undercover CBI investigation was started to enquire about the need to provide Police protection to our family! But we know that these are temporary abstinence of Buillder only until they have successfully purchased Bail Orders from the Courts!
Since the old Police Station (that was the den of this Builder and his political connections) was hesitant to reporting these evidences of fraud , repeated attacks on us, and past history of criminal cases of Builder on Police reports submitted before the Ld. 9th Dindoshi Sessions Court till January 2023, I went through so much hardships to get all our criminal complaints transferred to another Police Station for RE-Investigation. This fact was informed to the Judge of Ld. 9th Dindoshi Sessions Court in February 2023 and the same has been taken on records in Roznama (daily proceedings records) and Judicial Order passed on 20/03/2023 that the new Investigation Officer was to file a Police report (Police say) to the main Anticipatory Bail Application, i.e., to say that older police reports are invalid in the light of re-investigation. However, strangely the same Judge has subsequently noted on judicial records that the new Police Officer wants to file "Additional Say" to the main Anticipatory Bail application , thus unjustly legalising the earlier Police reports which were absolutely improper and biased in favour of saving / shielding the habitual criminal Builder!
However, despite misleading the Dindoshi Sessions Court since July 2020, these criminal Builders are out on Bail and are daringly not willing to co-operate the POLICE in the investigation. In fact, one of them i.e., Mr Dipesh Dhanji Shah has absconded to USA without informing police / Court in a non-bailable offence u/s 354 of IPC and now, he is not even traceable by Police for the investigation.
However, the Dindoshi Sessions Court Judge has clearly refused to hear "Applications for Passport Seizure" filed by me on 09/06/2023 in all four matters and thus the habitual criminal Builder and their relatives have been silently allowed to abscond/ flee away from the country
On 19/10/2023, the Ld. 9th Dindoshi Sessions Judge refused to accept the Perjury Application tendered by me in open court before any Arguments were even started; this occurred despite myself Dr Racchana D Fadia mentioning the citation of Hon'ble High Court of Bombay ( which are binding on all courts of Mumbai) in the matter of The Union of India v/s Mr Harsh Milani that has set the precedent for lower courts that the Perjury Application must be heard and disposed off before hearing the main Application because anything that is buttressed on the foundation of falsehood, is anyways bound to decay and The Hon'ble Supreme Court has gone one step further in stating that such litigants who take the majesty of Courts for granted must be dealt with very strictly by initiating Criminal Contempt of Court proceedings against such litigants and advocates!
And the strange thing is that the Prosecution (that ensures that justice is delivered to victims in Indian courts) is not placing the facts of the case before the Judge that the Builder has filed false Affidavits in their Anticipatory Bail Applications, in which they have not only concealed their super-lengthy criminal history but also suppressed the very crucial and relevant material facts and evidences that have a complete bearing on the adjudication of justice in these matters!
This mental harassment and oppression causing loss of faith in the Courts and Public prosecutor is in addition to the shocking and blatant denial of the Judge to hear the Victim on 19/10/2023 - that the Accused Builder have procured the Bail Orders in all the matters by misleading the court and playing fraud upon court especially by filing False Affidavits (which is offence of Perjury u/s 191, 193 of Indian Penal Court with a heavy punishment for seven years if the false Affidavit is filed in judicial proceedings).
The Hon'ble Supreme Court of India has repeatedly emphasized in so many matters, such as the precedent laid down in the matter of Smriti Madan Kansagra v. Perry Kansagra, 2021 SCC OnLine SC 909 - that states that, “fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. In fraud one gains at the loss and cost of another. Even the most solemn proceedings stand vitiated if they are actuated by fraud. Fraud is thus an extrinsic collateral act which vitiates all judicial acts, whether in rem or in personam.” Secondly, the Court noted that “fraudulent misrepresentation is called deceit and consists in leading a man into damage by willfully or recklessly causing him to believe and act on falsehood. It is a fraud in law if a party makes representations which he knows to be false, and injury ensues therefrom.” Thirdly, The Court cited that “fraud indeed, in the sense of a Court of Equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.” The Court opined that “suppression of a material document would also amount to a fraud on the court. It was further noted that “the expression ‘fraud’ involves two elements, deceit and injury to the person deceived. It is a cheating intended to get an advantage. And lastly, the Court stated that “fraud and justice never dwell together, and it is a pristine maxim which has never lost its temper over all these centuries.” The Hon’ble Supreme Court further stressed that “since fraud affects the solemnity, regularity and orderliness of the proceedings of the court and also amounts to an abuse of the process of court, the courts have been held to have inherent power to set aside an order obtained by fraud practiced upon that court. Similarly, where the court is misled by a party or the court itself commits a mistake which prejudices a party, the court has the inherent power to recall its order.” That the Hon’ble Apex Court also noted that “no judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything.”
However, instead of accepting and hearing this Perjury Application annexed with documentary evidences of Perjury, the Judge asked the Accused Builder's lawyer to start the arguments for their Anticipatory Bail Application. During the story-telling of the Builder's lawyer when he emphasized on a baseless allegation against my family (victims), the Judge passed a sarcastic remark on us without hearing us or our already mentioned Perjury Applications and the whole court burst into sarcastic laughter, causing immense mental agony and pain to me and my senior citizen mother Ms Surekha Fadia, who was also present in the court. At this point, at initial stage of story telling of Builder's Lawyer, myself immediately declared that I wish to avail the legal remedy to Transfer the matters to another court, (as I could obviously see that the Judge is not following the procedures laid down by superior courts and instead of going through the latest Police Reports and evidences against a habitual criminal Builder, instead of hearing our previously filed Applications for Passport Seizure, instead of hearing Perjury Applications against Builder, he seemed to be in a strange hurry to pass Final Judgement without allowing the Original Victim to be heard!), the Judge did not stop the proceedings in the matters but continued listening to the STORY of Builder's lawyer!
(THAT THESE WERE NOT ARGUMNETS BUT ONLY STORY TELLING BECAUSE BOTH THE BUILDER'S COUNSEL AND JUDGE WERE EXCHANGING DIALOGUES ABOUT THE STORY WITHOUT EVER REFERRING TO ANY SINGLE PAGE OR EVIDENCE OF ANTICIPATORY BAIL APPLICATION OF BUILDER - IN A MATTER OF FRAUD THAT SPANS A HISTORY SINCE 2006-2011. THIS IS ALSO THE REASON THAT MY APPLICATION FOR AUDIO-VIDEO RECORDING OF LEGAL PROCEEDINGS FILED IN FEBRUARY 2023 WAS REJECTED BY THIS SAME COURT ON 20TH MARCH 2023 BECAUSE OTHERWISE, THE JUDGE, THE PUBLIC PROSECUTOR AND THE LAWYERS OF BUILDER WILL NOT BE ABLE TO CONDUCT PROCEEDINGS AS PER THEIR OWN RULES)
On 19/10/2023, after the story telling of Builder's lawyer was over, when I mentioned to the court to hear my Perjury Application and that I wanted to lead my arguments with evidence annexed in the Perjury Application against the Accused Builder, the Judge straightaway REFUSED TO HEAR me , SAYING THAT HE WILL NOT HEAR me BECAUSE I DONT HAVE FAITH IN COURT BY MENTIONING TRANSFER AT INITIAL STAGE OF ARGUMENT AND THEREAFTER JUDGE GAVE ME AN UNREASONABLE ULTIMATUM THAT IF I DONT GET TRANSFER ORDERS FOR ALL FOUR MATTERS TILL 31/10/2023, HE WILL PROCEED TO PASS APPROPRIATE ORDERS
This ultimatum is
1. in the light of not deciding the previously filed Applications for Seizure of Passports (strangely missing from judicial records) of the Accused Builder despite one of the co-accused absconding to USA and not joining the investigation of the FIR registered with Non-Bailable Offences
2. in the light of not willing to hear the Perjury Application tendered on 19/10/2023 in open court before any final arguments were started as per the Hon'ble Bombay High Court stating in the matter of The Union of India V/s Mr Harsh Milani and
3. in the light of not giving the Original Victim, any chance to be heard despite The Hon'ble Supreme Court of India stating in its landmark judgement in the matter of Jagjeet Singh vs. Ashish Mishra [202 SCC Online SC 453] – wherein it is clearly mentioned that the victim in a criminal matter has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an Appeal or revision.
4. in the light of knowing well the Ld. Principal Judge at Greater Bombay Sessions Court already dismissed my Applications for Transfer of matters , once in July 2022 and again in December 2022, without giving me a fair hearing and opportunity to be heard!
However, all the rules and procedures laid down by The higher courts such as The Hon'ble High Court of Bombay and The Hon'ble Supreme Court of India, which are binding upon the lower courts (including Ld. Dindoshi Sessions Court) of Mumbai, are openly and unabashedly trampled during the legal proceedings conducted in these Lower courts by taking for granted me and my family, who are representing our matters in-person as original victims, while Builder's lawyer who is a Counsel from the chambers of another Senior Counsel practicing in The Hon'ble Bombay High Court since earlier generations, has the dominance of being heard in the various courts of Law!
Hence, justice seems far-fetched to us, our spirits being repeated stabbed by the officers of Courts and therefore immensely harrowed since the legal murder of the Patriarchal head of our family in 2020; apart from being badly bruised in spirits by the Builder who caused brutal injuries on our physical bodies, assassinated our characters for no reasons and outrageously violated our dignity on 27th June 2020 in a well-planned premeditated incident to cover up his frauds with us since 2011!
There's more history of this Builder and his agent/partner trying to exploit me since 2010-2011, which feels awkward and disgusting to even mention here as it would amount to washing dirty linen in public! Police and Courts have been informed through statements and in writing.
And so this is our plight, The Two Women; and maybe many others Women in this country like us who are never heard and instead facing injustice
NOT ONLY from habitual criminal Builders
BUT ALSO from
THE UNHOLY NEXUS OF BUILDER IN VARIOUS DEPARTMENTS OF THE STATE
Who are supposed to be upholding values of -
"SATYAMEV JAYATE"
But our personal experiences since 2020
Have made us literally cry tears of blood persistently
Because
WE ARE MADE TO SEE,
WE ARE MADE TO FEEL GUILTY,
WE ARE MADE TO EXPERIENCE GRIEF
that the REAL fact is VERY DIFFERENT
AND INSTEAD REFLECTS THE VALUES OF
"PAISA MAHADEV JAYATE"
!!!
With Full Faith in the Revered Constitution of India,
Jai Hind!
-Dr Racchana D Fadia
AUM AMEN AAMEEN TATHAASTU
