9911796707
TMI Blog2019 (11) TMI 1737X X X X Extracts X X X X X X X X Extracts X X X X ..... nds raised for the completion of project in question. The common allegation is also about the legality or impropriety in allotment of land to the company by the officials of Uttar Pradesh State Industrial Development Corporation (UPSIDC). The petitioner is granted bail in respect of all the FIRs in respect of the project by name Grand Venice in NCR, in particular, Mall and Commercial Tower thereof, subject to conditions imposed - application allowed. - WRIT PETITION (CRIMINAL) NO. 242 OF 2019 - - - Dated:- 6-11-2019 - A.M. KHANWILKAR AND DINESH MAHESHWARI, JJ. For the Petitioner : Mr. Mukul Rohtagi, Sr. Adv., Mr. Sameer Rohtagi, Adv., Mr. Nikhil Bhalla, Adv., Mr. Lokesh Bhola, Adv., Mr. Abhimanyu Bhandari, Adv., Ms. Nupur Kumr, Adv., Mr. Sanchit Gauri, Adv., Mr. Shivendra Singh, Adv., Mr. Aarush Bhatia, Adv., Ms. Priyansha Indra Sharma, Adv., Mr. Sunil Fernandes, AOR For the Respondent : Mr. Chirag M. Shroff, AOR, Ms. Mahima C. Shroff, Adv., Ms. Yashika Verma, Adv., Ms. Riya Thomas, Adv., Ms. Aishwarya Bhati, AAG, Mr. Sarvesh Singh Baghel, AOR, Mr. Sarvyajyoti Singh Paul, Adv., Ms. Divya Sharma, Adv., Mr. Gopal Jha, AOR, Mr. Gopal Prasad, AOR, Mr. Parijat Kishore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, by invoking Article 32 of the Constitution of India for violation of fundamental rights of the petitioner under Articles 14, 19(1)(d) and 21 of the Constitution of India, is to issue mandamus directing CBI to take over investigation of all the FIRs registered against the petitioner in the State of UP and the State of NCT of Delhi respectively in connection with the project by the name Grand Venice in the National Capital Region in particular Mall and a Commercial Tower thereof and in respect of which by separate agreements, the company of which the petitioner is the Director, had agreed to sell units in the stated Mall and Commercial Tower as the case may be, to the concerned party. In the alternative, it is prayed that the FIRs filed against the petitioner at different points of time in the State of UP or the State of NCT of Delhi be consolidated and the investigation be entrusted to one agency so that criminal action against the petitioner can proceed at one place. 3. As regards transfer of investigation of all the FIRs to the CBI, in our opinion, the facts of the case do not warrant such a relief. Similarly, the first part of the alternative relief claimed by the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n exercise of its writ jurisdiction, may entertain a common prayer in that regard and grant bail to the petitioner as recently granted in similar situation by another Bench of this Court in Surinder Singh Alagh vs. Union of India Ors. Writ Petition (Criminal) No.196 of 2019 and connected matters (Order dated 02.08.2019). 6. It is noticed from the affidavit filed on behalf of the State of Uttar Pradesh that in all the 17 cases where bail applications have been rejected, and, in another case, where the bail application is pending before the concerned Court, charge sheets have already been filed in the concerned Court. It is also noticed that out of 37 cases registered at Police Station Kasna, Gautam Budh Nagar, Greater NOIDA, Uttar Pradesh, the petitioner has been granted bail in 11 cases and eight cases are still under investigation. Similarly, five FIRs are registered in the State of NCT of Delhithree at Police Station Parliament Street and two with the Economic Offences Wing, New Delhi. In those FIRs the petitioner has been granted bail in three cases by the concerned Court. 7. It is also noticed from the allegations in all the separate FIRs filed before the concerned Pol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certificate on 16th April, 2015 as well as the occupancy certificate on 3rd March, 2017 with retrospective date of issuance of completion certificate in respect of the Mall and Commercial Tower portion, i.e., the entire project except the hotel portion. The FIRs referred to in the writ petition in prayer clause (c) are limited to the units in Mall and Commercial Tower of the project in respect of which occupancy certificate has been obtained. The petitioner asserts that the petitioner has handed over possession to 77 allottees in the Mall and 245 allottees in the Commercial Tower. The Mall and the Commercial Tower are fully functional and have been occupied by the brands such as Cine Appeals, Big Bazar, Burger King, H M etc. The case of the petitioner is that the allottees who have rushed to register FIRs are unwilling to take possession of their unit(s) and are refusing to make payment of the balance consideration amount. In other words, the allottees are not discharging their part of the contractual obligation. Whereas, the petitioner and the company are facing multiple proceedings including before Company Judge [High Court/National Company Law Tribunal (NCLT)] and also before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y one investigating agency, namely, the SIT constituted by the State of Uttar Pradesh. In case any FIR is already registered within the State of Uttar Pradesh in Police Station other than Police Station Kasna, we have no manner of doubt that the SIT will take necessary steps to take over the investigation of all such FIRs registered within the State of Uttar Pradesh. 14. Be it noted that we are inclined to stay further proceedings only arising from the FIRs registered at New Delhi because the substratum of the allegations in the FIRs filed at Delhi are similar and, more so, as aforementioned, 72 complainants are common at both the places. We may, however, permit the remaining informants/complainants in FIRs registered at New Delhi to register their complaint with the Police Station Kasna, Gautam Budh Nagar, Greater Noida, Uttar Pradesh if so advised, which can also be investigated by the SIT constituted by the State of Uttar Pradesh. 15. We are conscious of the fact that out of five cases registered within the State of NCT of Delhi brought to the notice of this Court, charge sheet has been filed in one of the FIRs. However, until the entire issue is debated and considered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion with each FIR independently. (viii) After being released on bail in terms of this order, the petitioner shall make every possible attempt to settle the claims of the concerned complainant(s)/informant(s) as far as possible within six to eight months as ordered by the Court of the Chief Judicial Magistrate, Patiala House Courts while granting bail to the petitioner in FIR No.38/2018 registered with the Economic Offences Wing, New Delhi vide order dated 15th May, 2019. (ix) If the petitioner fails to abide by any of the above conditions intentionally and if it is so established before this Court, no less than 50% of the amount deposited by him in this Court in terms of this order [Clause (vi) above] shall stand forfeited. (x) The petitioner shall extend full cooperation to the concerned Court as and when necessary for early disposal of the cases. B. All further proceedings emanating from FIRs registered at Police Station Parliament Street, New Delhi or Economic Offence Wing, New Delhi or any other FIR already lodged or to be lodged hereafter in State of NCT of Delhi against the petitioner in connection with the project named Grand Venice , in particular, units in Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
