Amrapali promoter Anil Sharma and two other directors of the real estate group were sent to police custody from inside a courtroom in the Supreme Court today (Tuesday, October 9) for not handing over documents relating to accounts to forensic auditors.
A bench of Justices Arun Mishra and UU Lalit, hearing the matter in connection with a bunch of cases filed by aggrieved homebuyers said the company directors had been “playing hide and seek” with the court and told the police to keep the directors – Anil Kumar Sharma, Shiv Priya and Ajay Kumar – in custody for as long as the company doesn’t submit its accounts.
The three were taken away from the court premises.
By not providing the documents, the judges said the company directors were “trying to interfere with the administration of justice”.
The court sought to know whether the money invested by the homebuyers were diverted for some other purposes. An audit has been ordered for this, but the documents remained elusive and the bench came down heavily on Sharma and two directors who had been summoned.
“We don’t know if it will take one day or one month. But you will be in custody until all the documents are given to the auditors,” said the bench as it directed the Delhi Police and Noida Police to work together to seize the pertinent documents.
It said that the policemen will escort the trio to Amrapali offices and other places from where the documents are to be recovered.
“You will now be released only after the auditors are satisfied that they have received all the documents,” clarified the bench, as it further issued formal notices of contempt of court.
It has also ordered for confiscation of the passport of the trio while fixing October 24 as the next date of hearing.
Amrapali Group has failed to hand over possession of flats to around 42,000 homebuyers, according to media reports. The property developer has been facing the wrath of the Supreme Court after homebuyers moved the court for not getting their flats delivered on time.
On 24 September, the judges had ordered the company to hand over all documents within 24 hours after hearing the company’s former auditor Anil Mittal told the court that over Rs 2,900 crore invested by homebuyers was diverted by nine companies to buy shares in 37 other companies.
The top court was also told that no income tax returns were filed by the company between 2015 and 2018.
The judges have already brought in the state-owned National Buildings Construction Corporation Ltd (NBCC) to complete 16 Amrapali projects in Noida and Greater Noida.
Last month, the court had also appointed a debt recovery tribunal officer to oversee the sale of unencumbered assets of the beleaguered real estate company to raise funds to complete Amrapali’s unfinished housing projects.
The judges had warned the company directors about strict action at earlier hearings also when its lawyer sought time to produce the documents. “Why are you saying this? Do you want your premises sealed? Next time we will not wait to hear you,” Justice Lalit said.
It is the third such incident in the recent past when people have been arrested inside the courtroom, said News18. It said Subrata Roy was arrested over not complying with the court order to refund the money meant for reimbursing the investors. In the same case, another person was arrested inside the courtroom over resiling from his stand to buy a property of Sahara group.