Date Events

December, Accused Sunil Suri met complainant Joseph Parakott to discuss about the
2015 opportunity to import PVC on 29.12.2015 and 02.06.2016 from Iran and
save anti-dumping duty and connected him to one Mr. Mohd. Reza
Ispervin, a minister from Iran and having a company called Material Host
Trading, LLC (U.A.E) and stated that Mr. Reza was the son of power
minster of Iran.
December, The complainant on the insistence and false assurances given by
2015 Accused Sunil Suri and Arun kumar (present Applicant) agreed to
purchase material from Material Host Trading . At that time Accused
Sunil Suri and Arun kumar were doing all the paperwork for
transportation of the material and the agreement between the
complainant and material Host company.
29.12.2015 Complainant’s company placed an order for 1512 MT (Metric Tonnes) of
K-65 (Grade S-65R) with Material Host for USD 710/MT (Rs. 45,990/-) i.e.
USD 1073520 (Rs. 7,40,72,880/-) for 1512 MT.
February 2016 Complainant’s company accordingly paid USD 284437 (Rs. 1,96,26,153/-)
to material Host Company in their Arab Bank of Investment and Foreign
trade as advance for the material.
23.02.2016 Material host trading sent 500 MT material to India which was received
by complainant’s company.
07.04.2016 Material Host Trading further sent 500 MT material to India which was
received by complainant’s company. Thereby a total of 1000 MT PVC
material was received by complainant’s company. Additionally,
complainant’s company transferred money USD 497540 (Rs.
3,43,30,260/-) for the 500 MT was transferred to them for the material
received and an additional amount of USD 71,977 for the remaining if
512 MT to be received as advance. Complainant was charged Rs.
3,82,156/- by government authorities for delay committed by the
Material Host Trading Company, which Material Host trading company
had promised to repay complainant.
Inspite of agreement being in place, the remaining 512 MT were not
delivered to the complainant’s company. But Accused Sunil Suri and
Arun Kumar kept pursuing complainant to do more business with
material Host Company saying they were a big name in the market.
June 2016 Complainant’s company placed further order with material host
company at USD 815/MT for 3015 MT’s for USD 2457225.
02.06.2016 Material Host Trading issued proforma 3 invoices in favour of
complainant’s company for a total of 3014 MT and against the same
sought 20% (USD 497450) as advance after subtracting the amount lying
with them as advance.
June 2016 Amount sought by Material Host Trading Company was transferred to its
Bank A/c by complainant’s company and requested for the material to
be sent to mundra port and Nhavasheva Port.
June 2016- Since material as promised to complainant’s company was not
April 2017 delivered, complainant continuously followed up with the Accused Sunil
Suri and Arun Kumar and owner of Material Host Company but they
 kept delaying the delivery of the same on some or the other pretext.
April 2017 After several follow ups and complainant’s request for advance money
to be returned, Material Host Company sent an email stating that they
will return the money to the complainant.
May 2017 Complainant himself travelled to Dubai, UAE and met Accused Arun
kumar at his new office in the presence of Accused Sunil Suri.
Complainant was promised that material would be transported to India
within 15-20 days. Although complainant told them that he wanted to
cancel the contract now and wanted his money back with 15% interest.
Material Host Company deposited USD 54500 but kept delaying on the
pending payment to the complainant.
Complainant filed a complaint with the Police against Mohammad Reza
Isparvin, Sunil Suri and Applicant Arun kumar for cheating him of Rs.
3,05,63,550/-
Fir bearing CR No. 295 of 2018 registered at Park site Police Station,
Vikroli under Section 406, 420 r/w 34 of the IPC.
24.04.2019 Defendant approached Hon’ble Sessions Court seeking Anticipatory Bail
which Hon’ble Sessions Court was pleased to reject.
13.10.2021 Defendant approached Hon’ble High court of Judicature at Bombay
seeking anticipatory bail which the Hon’ble court granted.
This appeal filed by the Complainant against the order dated 13.10.21 of
the High court of Judicature at Bombay.