AUAE-based financier has approached the Andheri Metropolitan Magistrate Court in Mumbai seeking that process be issued against a few filmmakers and Deepika Padukone for the soon-to-be released Bollywood film 83 for allegedly conspiring and cheating him in the process of producing the film. Deepika is also said to be one of the producers of the film that is made on the 1983 cricket world cup event.
Through the complaint, FZE has sought for issuance of process against all the accused for allegedly committing offences under Sections 405, 406 (criminal breach of trust), 415, 418, 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code.
Apart from Deepika Padukone, filmmakers Sajid Nandiadwala and Kabir Khan, Phantom films and four others are also made accused by Future Resources FZE. According to the complainant Future Resources FZE, their representatives met people from Hyderabad based company Vibri Media as the UAE based company wanted to invest. Vibri promised them about good returns in investment and so approximately Rs 16 crores was invested by the UAE based company.
Based on the representations and warranties, FZE executed two agreements - Securities Subscription Agreement and Shareholders Agreement - with Vibri and became a shareholder. Pursuant to such execution, Vibri wilfully breached the terms and conditions of the agreements with an intention to cheat FZE, siphon of funds and cause FZE wrongful loss, alleges the foreign company.
According to these agreements, Vibri was allegedly duty bound under the agreements to use the money belonging to FZE for business purposes only and not out it for personal use by its directors. Vibri entered into multiple agreements with Reliance Big Films, Phantom Films, Kabir Khan, Sajid Nadiadwala and Deepika Padukone in the case, for production of the Hindi film titled 83 without obtaining positive written consent from FZE, says the complainant.
The complaint raised grievance against the failure of Vibri to intimate FZE about the board meetings concerning the film and the execution of related documents making it evidence that the accused have “engineered a plan to jointly and severally cheat and delude FZE since the very inception”.
FZE stated that all the arraigned accused were aware that the presence of the company’s representatives was necessary for conducting the business of Vibri including passing board resolutions. FZE also raised grievance about the fact that Vishnu Indhuri, director of Vibri, had been arraigned as producer of the film in his personal capacity, whereas the documents pertaining to the film were executed with Vibri.
Advocate Rizwan Siddiquee representing FZE said "It is true that my client has filed a criminal complaint against all the Producers of the film 83 on the grounds of cheating and criminal conspiracy. My client had no other option but to initiate strict legal proceedings, as the producers did not seem interested in resolving the dispute amicably, despite full knowledge of my clients rights. The matter would now be taken up by respective Courts."
