More trouble for BJP’s Mayor choice

Ramkrishan Upadhyay
Tribune News Service
Chandigarh, January 15

Saloni Gupta, Civil Judge, Junior Division, Chandigarh, has directed the Municipal Corporation to attach the salary of Rajesh Kalia, a BJP councillor and a candidate for the post of Mayor , in a cheque-bounce case.

The development comes two days before the crucial mayoral election in which the BJP is facing a challenge from its own councillor Satish Kainth, who has filed a nomination for the post as an Independent candidate.

Sources said in the order issued last month, the Civil Judge had directed the MC Commissioner to deduct a sum of Rs 13,57,757 from Kalia’s salary in monthly installments and remit it to the court. The order stated that Kalia was receiving his salary from the Commissioner whereas Harish Chhabra, the petitioner and a decree holder in the case, has applied for the attachment of Kalia’s salary to the extent of Rs 13, 57, 757.

In the order, the court observed that Kalia, a BJP leader, has been in the business of finance/committee and elected as a councillor from Maloya. He requested Chhabra for a friendly loan to the tune of Rs 10 lakh on the promise of repaying it within a week. Acceding to his request, the plaintiff withdrew a sum of Rs 10 lakh from his account and advanced it to Kalia. As they were friends, the loan was given without any interest or documentation.

However, the defendant failed to keep the promise and defaulted on repayment. After a number of requests, Kalia issued a cheque (number 240951 dated June 14, 2014) for Rs 10 lakh to Chhabra. When presented, the cheque was dishonoured.

A legal notice was issued to the defendant but to no avail. The court said since the defendant failed to appear within the stipulated time as prescribed under order 37 the Civil Procedure Code, the contents of the complaint were deemed to be admitted.

Despite repeated attempts, Kalia could not be contacted for his comment.

Ex parte decision: Arun sood

• Councillor Rajesh Kalia’s close aide and former Mayor Arun Sood said the MC had not attached the councillor’s salary yet. 
• On the court order, the law officer of the MC clarified that the councillors were getting honorarium, not salary, and it could not be attached. 
• Sood said initially, Harish  Chhabra had filed a case under the Negotiable Instruments Act, which was dismissed by the JMIC court in 2016.  Later, he filed a civil suit on July 3, 2017, but Kalia was not aware of it. 
• In his absence, the court announced ex parte decision in the case.