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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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Deve Gowda says he has no objection to the action taken against his grandson Prajwal Revanna if found guilty in sexual abuse case

The former Prime Minister said, there are many people connected to this (sexual abuse case) and he did not want to take anyone’s names.

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JD(S) Supremo H D Deve Gowda, who turned 92 on Saturday, broke his silence over the sexual abuse charges levelled against his grandson and MP Prajwal Revanna and said he did not have any objection to the action taken against him if he was found guilty. But, he said the cases against his son and JD(S) MLA H D Revanna, who is facing charges of sexual harassment and kidnap of a woman, had been created. He did not comment on the matter further, as the matter was subjudice.

Recently, Deve Gowda had announced his decision that he will not celebrate his birthday and requested all party workers and well wishers to wish him from wherever they are. He said he did not want to make any comments on things that are taking place in the court regarding Revanna. He further added Prajwal Revanna has gone abroad, regarding that Kumaraswamy has on behalf of his family said it is the duty of the government to take action in accordance with the law of the land.

Talking to the media, the former Prime Minister said, there are many people connected to this (sexual abuse case) and he did not want to take anyone’s names. Kumaraswamy commented on the issue and said that those who are involved in this crime, action must be taken against all of them, and the affected women should get justice and compensation. 

He said there is no objection from his party for taking action against Prajwal. But people have come to know (facts) about the allegations made against Revanna and how the case has been created. In one case he has got the bail, in another case the judgment is awaited. He said he did not want to comment on it and said that no one should be spared if found guilty.

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Swati Maliwal reacts to viral video, refers accused as political hitman

The Rajya Sabha MP added that the political hitman is getting his people to tweet and play videos without any context.

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Aam Aadmi Party (AAP) Rajya Sabha MP Swati Maliwal has reacted to the viral video, allegedly shot at Delhi Chief Minister Arvind Kejriwal’s residence. The video shows the Rajya Sabha MP in a heated confrontation with the staff. 

Reacting to the viral video on X, formerly Twitter, Swati Maliwal said that like every time, this political hitman has started efforts to save himself.  She was apparently referring to Bibhav Kumar, whom she accused of assaulting her. 

The Rajya Sabha MP added that the political hitman is getting his people to tweet and play videos without any context. She added that the truth will be revealed to everyone as soon as the CCTV footage of the house and the room is checked.

She concluded that he may fall to whatever level he can, but God is watching everything, and one day everyone’s truth will come out in front of the world. Earlier, Swati Maliwal has alleged that she was assaulted by the Chief Minister’s personal assistant, Bibhav Kumar, when she sought time to meet the Chief Minister that day. 

In the viral video, shared across the social media platforms, Swati Maliwal can be seen engaged in a heated exchange with staff members who are requesting her to exit the drawing room. 

In the footage, Bibhav Kumar, Chief Minister Arvind Kejriwal’s former PA implicated in the assault allegations, is seen present in the room while other staff are speaking with Swati Maliwal. Additionally, MP Swati Maliwal is also heard issuing a threat to one of the staff members, vowing to ensure their job termination. However, the authenticity of the video remains unverified.

In the formal complaint lodged with the Delhi Police, Swati Maliwal detailed a disturbing sequence of events, alleging that Bibhav Kumar subjected her to multiple instances of physical violence. Maliwal alleged that Bibhav Kumar repeatedly slapped her at least seven to eight times while she continued to cry. She also said that she was dragged and kicked in the chest, stomach, and pelvis area.

The complaint stated that when she entered the office and attempted to reach the Chief Minister’s PA, Bibhav Kumar, she was unable to find him. She then entered the residence and was told to wait in the drawing room, when Bibhav Kumar suddenly entered, shouting and abusing her. The alleged assault took place on May 13, when she visited the Civil Lines residence of Chief Minister Arvind Kejriwal. 

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ED names Arvind Kejriwal, AAP as accused in Delhi excise policy case

Arvind Kejriwal was taken into custody on March 21. The Supreme Court last Friday granted him interim bail.

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Delhi Chief Minister Arvind Kejriwal has been named toady as a prime accused by the Enforcement Directorate in a new supplemental chargesheet in the money laundering case pertaining to the now-scrapped Delhi liquor excise policy 2021–2022.

The Aam Aadmi Party (AAP) has been identified as an accused in the case by the central inquiry agency.

In the excise policy case, the ED informed the Supreme Court that it had found conversations between Arvind Kejriwal and hawala operators about the purported profits of crime.

The organization said that since Kejriwal declined to provide the password to his devices, the chats were retrieved from the hawala operators’devices.

Kejriwal filed a plea contesting the legality of his arrest by the EnforcementDirectorate, and the top court has reserved its decision. It allowed the Delhi Chief Minister to petition the trial court for bail without compromising his legal rights and appeals before the Supreme Court.

The CM filed a plea contesting the legality of his arrest by the EnforcementDirectorate, and the top court has reserved its decision. It allowed the Delhi Chief Minister to petition the trial court for bail without compromising his legal rights and appeals before the Supreme Court.

After the Delhi CM ignored nine summonses from the ED, he was taken into custody on March 21. The Supreme Court last Friday granted him interim bail. Last month, bail was granted for Sanjay Singh, his party colleague. Two other leaders of the party, Manish Sisodia and Satyendar Jain, remain incarcerated.

On August 22, 2022, the ED filed a money laundering case in response to a CBI FIR that had been filed on August 17, 2022, in order to investigate suspected anomalies in the DelhiExcise policy of 2021–2022.

Following Delhi Lieutenant Governor V K Saxena’s recommendation for an investigation into purported irregularities in the formulation and execution of the liquor policy, the CBI had filed a FIR.

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