Mumbai Sessions Court Grants Anticipatory Bail to Builder’s Associates in Fraud Case

The Mumbai Sessions Court has granted anticipatory bail to Maryam Mahboob Kodia and Hussain Kodia, who were booked in a cheating and forgery case registered at the Pydhonie Police Station. The complainant, Mohammad Rafiq Usman Fudinawala, a resident of Orchid Tower, Bellasis Road, earns his livelihood through his real estate and construction business. He has allegedly named the accused as Yusuf Ibrahim Sopariwala (42) of Agripada, Mariam Mehbub Kudiya (57) of Nagpada, and Hussain Mehbub Kudiya (35) of Nagpada.

The duo had approached the Sessions Court seeking pre-arrest bail. After hearing the matter on Wednesday, the court allowed their anticipatory bail applications. However, the main accused, builder Yusuf Ibrahim Supariwala alias Baba Supariwala, remains absconding. This information was confirmed by the complainant’s advocate Sunil Pandey.

According to the complaint filed by Mohammed Rafiq Usman Pudinawala, an FIR was registered on February 2 against Yusuf Ibrahim Supari Wala, Maryam Mahboob Kodia, and Hussain Kodia under sections pertaining to cheating and forgery. The complainant alleged that he was one of five partners in SS Realtors Construction Company, along with Yusuf Ibrahim Supariwala and others. The firm had undertaken a project named “Madiyar Mansion,” bearing CS No. 785 in the Mandvi Division, which falls under the jurisdiction of Pydhunie police.

As per the complaint, the complainant had purchased two commercial units in the building. A deed of settlement and an area distribution agreement were executed within the company, and all partners were aware that the two units had been sold to the complainant. Despite this, it is alleged that the main accused, Yusuf Ibrahim Supari Wala, fraudulently registered a Permanent Alternate Accommodation Agreement (PAAA) in the names of Maryam Mahboob Kodia and Hussain Kodia for two floors measuring 650 sq ft each. The agreement was allegedly supported by forged rent receipts, which were submitted to MHADA. Based on the registered PAAA, further approvals, including a Commencement Certificate (CC), were obtained from the BMC. Further investigation in the present case is underway.

The complainant, Mohammad Rafiq Usman Fudinawala, a resident of Orchid Tower, Bellasis Road, earns his livelihood through his real estate and construction business. He has allegedly named the accused as Yusuf Ibrahim Sopariwala (42) of Agripada, Mariam Mehbub Kudiya (57) of Nagpada, and Hussain Mehbub Kudiya (35) of Nagpada. According to the complaint, Fudinawala and others formed a partnership firm, S.S. Realtors, in 2009. In 2010, the firm purchased Maniyar Mansion, located at V.V. Chandan Street and Garibdas Street in South Mumbai, for redevelopment. He was appointed the authorised signatory for all official transactions.

The building was vacated in 2010 with MHADA’s approval and remained unoccupied thereafter. Fudinawala stated that no rent was collected and no rent receipts were issued to any tenant after the evacuation. In April 2017, Mariam Kudiya and her son Hussain allegedly surrendered and sold their two commercial bench tenancy rights to him through a notarised surrender affidavit executed before witnesses. He claimed to have paid ₹24 lakh in cash for the deal.

Subsequently, a Deed of Settlement (January 2021) and an Agreement for Area Distribution (November 2022) among partners recorded that Fudinawala would receive 400 sq ft space in the redeveloped building in exchange for those tenancy rights. However, Fudinawala alleged that in July 2024, Yusuf Sopariwala, in connivance with the mother-son duo, fabricated fake rent receipts for the period October to December 2016 to falsely establish them as existing tenants.

Using these allegedly forged receipts, the accused executed Permanent Alternate Accommodation Agreements before the Sub-Registrar’s office in Worli and got 650 sq ft carpet area each registered in their names in the new building. He claimed that this enabled them to obtain further approvals from the Brihanmumbai Municipal Corporation. Fudinawala said the building had already been vacated in 2010, making the rent receipts bogus. He alleged that the forged documents were also submitted to MHADA authorities, misleading the government agency.