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Supreme Court seizes Amrapali office building, hospital, benami Goa villa

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Amrapali Silicon City

The Supreme Court attached real estate firm Amrapali Group’s 100-bed multi-speciality hospital, bank accounts, the building which houses its office, certain firms and a ‘benami’ villa in Goa.

The top court asked the chief financial officer (CFO) Chander Wadhwa to deposit Rs. 11.69 crore with its registry within three weeks, said media reports. It also asked a statutory auditor Anil Mittal to pay Rs. 47 lakh.

The court sought the presence of CMD Anil Sharma and two directors Shiv Priya and Ajay Kumar on November 19.

A bench of Justices Arun Mishra and UU Lalit said that Amrapali Group has deliberately not complied with its earlier order and committed a “serious fraud” by diverting home-buyers’ money from one company to other.

Promoters of the group have been in police custody since October 9 in connection with the missing funds that they took from nearly 40,000 homebuyers whose flats are yet to be constructed.

“This is a serious kind of fraud,” judge Arun Misra said on Tuesday, after court-appointed auditors said the company continued to be uncooperative in efforts to trace the money given by investors.

The bench ordered that attachment of the group’s state-of-the-art, multi-speciality, 100-bed hospital situated at Greater Noida for which funds from Ultra Home Construction Pvt Ltd were utilised.

The bench also attached the bank accounts of Gauri Suta Infrastructures Pvt Ltd, its director Sunil Kumar and its assets after forensic auditors disclosed that Amrapali transferred home-buyers’ money from one firm to sister companies using it as conduit.

The top court also directed attachment of towers which housed the company’s office and ‘Aqua Fortis’ villa in Goa for no one came forward to claim ownership.

The court restrained the realty firm from alienating its companies through which it had transactions and ordered attachment of such firms. It also restrained Amrapali Group from creating any third party rights for 86 luxury cars and SUVs purchased from the company’s funds.

Forensic auditors Pawan Kumar Aggarwal and Ravi Bhatia, appointed by the court to look into the affairs of embattled firm, said that home-buyers’ money was given as advances to the tune of Rs. 442 crore to 15 companies and nine individuals from Amrapali Saphire project.

The report of forensic auditors said that Amrapali Infrastructure Pvt Ltd was the main company and around Rs. 2,000 crore were transferred from it to other sister companies.

Bhatia told the bench that a firm called ‘Stunning Construction Pvt Ltd’ did some “stunning work” as it paid income tax returns of the companies as well as directors and other individuals, for which it received Rs. 500 crore.

The bench then asked the forensic auditors to ascertain the investment of Amrapali in its projects and the “ghost” home buyers as the properties could have been sold to such benami persons to augment the value of company.

“They have created web of companies since 2010 to transfer funds from one project to another to circumvent the restrictions enforced in the Company’s Act,” the auditors told the bench, adding that promoters have also tried to avoid stamp duty by transferring the high value property to other company.

Aggarwal said that in the forensic audit they have found transactions of the Group with other 27 “dummy companies” and since last year the promoters of Amrapali have started withdrawing money from bank accounts of such companies.

Justice UU Lalit told the lawyers for Amrapali that the funds the company has spent to acquire property or create new companies will need to be refunded. “It should come back since the money belongs to the buyer. Therefore, all this (properties) have to be sold,” he said.

The court also pulled up the Group for filling 3000-4000 page affidavit with no requisite information and warned that directors may be sent behind bars for not disclosing the details sought by the court.

“We are giving one last opportunity to explain everything to the concerned directors and the Amrapali Group and comply with the orders of the court. It should also be explained as why contempt action should not be initiated against them,” the bench said.

The bench posted the matter for further hearing on November 20.

On October 31, the apex court had directed the Amrapali Group to disclose the names of all the companies with which it had any kind of transactions after forensic auditors pointed out that there may be a web of more than 200-250 such firms where home-buyers’ money was transferred.

The two forensic auditors, appointed by the court to look into the affairs of Amrapali Group had said besides 47 sister companies, they stumbled upon 31 companies whose names were never disclosed by the embattled real estate firm.

The court was also told that there may be a case of the Foreign Exchange Management Act (FEMA), as large amount of money was transferred to a multinational company based in Mauritius.

It questioned Wadhwa as to how a group company paid his income tax amounting to Rs. 2 crore, when he was earning only Rs. 50,000 per month.

It had also initiated contempt proceedings against Sharma and its directors for prima facie violating court’s order and thwarting the course of justice. The matter is listed on November 20.

The court is seized of a batch of petitions filed by home buyers who are seeking possession of around 42,000 flats booked in projects of the Amrapali Group.

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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