Dubai - The travel company accused Binoy of financial fraud to the tune of Dh7 million.
Published: Sun 4 Feb 2018, 11:00 PM
Last updated: Mon 5 Feb 2018, 11:19 PM
A Dubai court has slapped a travel ban on the son of a ruling party leader in Kerala over a dud cheque case, according to sources.
Binoy Vinodini Kodiyeri, son of Kerala CPM chief Kodiyeri Balakrishnan, was ordered not to travel out of Dubai till he settles a Dh1 million case as demanded by the petitioner, Deira-based Al Jaas Tourism LLC. The court has also ordered him to deposit his passport at the court's treasury.
According to a copy of the translation of the travel ban order acquired by Khaleej Times, the ban ordered on February 1 will be applicable till he deposits Dh1 million or a bank guarantee for the same.
Speaking to Khaleej Times over the phone from Kerala, Bineesh Kodiyeri, brother of Binoy, confirmed the development. He said Binoy would stay back in Dubai and settle the case.
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Bineesh said his brother will file an appeal against the travel ban order within a week, with sufficient "proofs". "Binoy never said that he doesn't owe money to Al Jaas Tourism. But the problem is he doesn't have enough money to repay it after a business debacle.
"He already admitted that he owes Dh1 million to Al Jaas. But the media and the complainant alleged he owed over Dh7.5 million, which has now been proved wrong. The travel ban says the money is Dh1 million, as admitted by Binoy earlier."
When is a travel ban issued?
According to legal experts, in cases such as this, a travel ban can be issued when the court is convinced that the person in question owes money to the complainant and there is a possibility for him to go out of the country. The complainant will have to file a civil case in this regard within seven days after the travel ban order is issued. Similarly, the person who has been banned from travel can also file an appeal with the court after seven days of the order.
In Binoy's case, the Dh60,000 fine he paid as per a Dubai court order in the criminal case related to the bounced cheque itself can be considered as a proof of his debt, said a Dubai-based legal expert.
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He ridiculed media reports that there were attempts to resolve the case after paying money. "If he had that money with him, things wouldn't have been gone to this level," said Bineesh.
Last week, media reports said Binoy had a case against him in Dubai for not paying pack Dh7 million he had borrowed from the owner of Al Jaas Tourism LLC. Later, on January 25, Binoy produced a clearance certificate from the Dubai Police to prove that there was no criminal case in Dubai against him. Then he flew to Dubai to address the issue.
According to the written complaint lodged by Jaas's Emirati owner Hasan Ismaeel Abdulla Almazrooqi earlier, Binoy used his friendship with Rahul Krishnan, a partner at Jaas, to borrow the cash.
"Binoy Balakrishnan, by means of utilising his liberty in my company through Mr. Rahul Krishnan, borrowed money from our account holding banks for a mortgage loan of Dh313,200 for buying a new Audi, and agreed to pay all EMIs on time," the complaint read.
Binoy further borrowed Dh4.5 million for various business deals across the UAE, Saudi Arabia, India and Nepal, and did not pay back the money as promised before June 2016, claimed Almazrooqi.
Almazrooqi, who was supposed to attend a Press meet in Kerala capital on the matter, didn't turn up on Monday at the Thiruvananthapuram Press Club, where his advocate Ram Kishore Yadav had booked a hall.
"It's because there is an order from a Kerala court in relation with another fraud case, which stayed Almazrooqi from making any public statement against another political leader's son. As both the cases are interrelated, it's not advisable for my client to address the media," Yadav told Khaleej Times over the phone from New Delhi. However, Press club officials told Khaleej Times that they were not informed about the cancellation of the Press meet and the organisers didn't turn up.
Despite several attempts, Almazrooqi, who is in Kerala, could not be reached for a comment.
I didn't cheat anybody, says Benoy Kodiyeri
Benoy Kodiyeri, who is in Dubai, told Khaleej Times that he didn't cheat anybody. "It is not fraud or cheating. It's a financial dispute, which is being heard by the Dubai Courts." He said he owes Al Jaas Tourism Dh1 million, but there was a dispute over the amount after they added interest.
He raised doubts over the intention behind the move by the firm against him in Kerala. "If they are planning to go legally, why are they camping in Kerala and making an issue over a case that is being fought in Dubai?" he asked.
"I had nothing to do with Hasan Ismaeel Abdulla Almazrooqi, who has raised the issue now. I borrowed Dh3 million from Rahul Krishnan, who was a partner of Al Jaas Tourism LLC. And I have already repaid Dh2 million of the principal amount and Dh700,000 in interest."
He confirmed that he was planning to file a grievance with the Dubai Courts. "I have full belief in the system. Even when they filed the criminal case, I made it sure that the issue would be fought legally. That's why I had to pay Dh60,000 fine in the criminal case."
anuwarrier@khaleejtimes.com
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