Ghate (41) and Nishar (28) had threatened to kill the complainant (name undisclosed) and his partner John Martis on many occasions. Police said two years ago, the complainant had approached Nishar for financial help in connection with the development and sale of a vacant piece of land near Nanavati Women's College, Vile Parle (West). It was estimated that the project would cost Rs 25 lakh, out of which Rs 5 lakh would be paid to the owner of the plot. Since Nishar paid a sum of Rs 5 lakh to the complainant, it was decided that he would get 70 percent of the total profits obtained, while the remaining 30 percent would go to the complainant.

But when no work on the plot took place in two years, Nishar asked the complainant to return his money. When the latter refused, policesaid, Nishar took the help of Ghate. On October 4, 1998, the complainant and Martis were called to Nishar's workshop at Bandra and were threatened in the presence of two men from Dagdi chawl. Nishar then made the complainant sign on a Rs 20 stamp paper that he would pay Rs 12 lakh, instead of Rs 5 lakh.

On October 6, 1998, the complainant and his partner were called to Dadar station, from where they were taken to Railway Colony, Dockyard Road and threatened at gun-point by eight men. They were asked to return the money with immediate effect.

The complainant, however, paid a sum of Rs one lakh and requested Nishar to reduce the amount, but the latter refused. On November 9, the complainant met Ghate, who threatened to kill him if he failed to pay back the money immediately. The next day, a complaint was lodged with unit 2 of the crime branch and Ghate was picked up from Dagdi chawl following a raid.