Delhi High Court - Orders
Ashok Goel vs The State (Nct Of Delhi) on 7 October, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 528/2021
ASHOK GOEL ..... Petitioner
Through: Mr. Raj Pal Kasana, Mr. Rajesh
Rathod, Ms. Vaishali Khari and Mr.
Prince, Advocates.
versus
THE STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Laksh Khanna, APP for State.
Mr. Vinod Kumar and Mr. Shashank
Sharma, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 07.10.2022
1. Application has been preferred on behalf of the petitioner under Section 438 read with Section 428 Cr.P.C. for grant of anticipatory bail in FIR No. 790/2015, under Section 406/420/467/468/471/120B IPC, registered at PS Badarpur, New Delhi.
2. In brief, as per the case of prosecution, the present case was registered on the complaint of Sh. Ved Singh Dhankar, A/R of Indiabulls Housing Finance Limited who alleged that on 30.06.2006, one Sudipto Bhatacharjee and Tapan Kumar Malik approached at Badarpur office of the complainant company with a request to sanction home loan facility against the equitable mortage of their respective units i.e. Flat no. B-906, 9th Floor, Jaipuriya Apartment, Crossing Republik, Ghaziabad and Flat No. B-1102, 11th Floor, Jaipuriya Apartment, Crossing Republik, Ghaziabad. Both the aforesaid persons assured the complainant company that they had clear title over the property/flats allotted by Jaipuriya Buildcon Pvt. Ltd. in a project "Jaipuriya Signature Not Verified Digitally Signed BAIL APPLN. 528/2021 Page 1 of 6 By:DINESH CHANDRA Signing Date:10.10.2022 19:15:01 Apartment" which is being constructed at Plot14, Sector-1, GH-6, Crossing Republik. Also one Vishal Sharma approached the complainant and availed loan against flat No. 805, 8th floor, Jaipuriya Apartment, Crossing Republik. All the said persons submitted the receipts, allotment letter issued by Jaipuriya Buildcon Pvt. Ltd. in their favour and entered into Tripartite Agreement with Jaipuriya Buildcon Pvt. Ltd. and complainant company. A loan of Rs.74,02,000/- was accordingly disbursed in favour of aforesaid three persons.
3. It is further the case of prosecution that in March 2015, the complainant company came to know that Jaipuriya Buildcon Pvt. Ltd. and its director Ashok Goel and Vandana Goel in connivance with the Borrowers (aforesaid persons) cheated the complainant company in order to avail the loan facility. It was found from the statement of DHFL that the property bearing No. B-906, 9th floor, Jaipuriya Apartment, Crossing Republik, Ghaziabad is also mortgaged with DHFL.
4. Further on 15.03.2015, Sh. Tapan Kumar Malik informed the complainant company through letter that he had availed loan after entering into MOU/buy back agreement with the builder whereby he agreed to submit his paper for availing housing loan and the builder/Jaipuriya Buildcon Pvt; Ltd. had agreed to pay the EMI on his behalf. Tapan Kumar Malik further informed that Flat No. B-1102 mortgaged by him is double funded and the same property is also financed by Axis Bank.
5. As such Ashok Goel (petitioner), Vandana Goel, directors of Jaipuriya Buildcon Pvt. Ltd., are alleged to have hatched a conspiracy in connivance with the said persons/borrowers to induce the complainant company to sanction and disburse loan in their favour with intention to cheat and to cause Signature Not Verified Digitally Signed BAIL APPLN. 528/2021 Page 2 of 6 By:DINESH CHANDRA Signing Date:10.10.2022 19:15:01 wrongful loss to the complainant company. It is further the case of prosecution that Ashok Goel and Vandana Goel being directors of Jaipuriya Buildcon Pvt. Ltd., forged and created multiple allotment letters in favour of various persons and used the same as genuine to create multiple mortgage with various financial institutions. About 24 borrowers are stated to have availed the home loan facility from complainant company for approximately Rs.5.58 Crores by mortgaging their flats at Jaipuriya Apartment.
6. As per the allottees, petitioner duped them by allotting a single unit to multiple allottees and getting the same financed from different financial units. Further it was disclosed during investigation that the accused builder had taken huge amount of Rs. 70-80 Crores (approx.) from general public & financial institutions (i.e. Indiabulls, DHFL, Axis Bank, Tata capital etc.) in lieu of the project, but neither he handed over the project nor retuned the amount of investors/financial institutions. Further Ashok Goel allotted a single flat to different persons and got them financed from different financial institutions by executing tripartite agreement. The list of the flats such financed by multiple institutions is further relied by the prosecution as revealed during investigation:
Sl. Flat No. Date of mortgage Financial
No. institute/bank
1. B-1201, 12th Floor, 30-10-09 DHFL
B Block
31-08-10 Indiabulls
2. B-606, 6th Floor, 31-12-09 DHFL
B Block
30-06-10 Indiabulls
Signature Not Verified
Digitally Signed BAIL APPLN. 528/2021 Page 3 of 6
By:DINESH CHANDRA
Signing Date:10.10.2022
19:15:01
3. B-1103, 11th Floor, B 27-08-09 DHFL
Block
30-06-10 Indiabulls
4. B-205, 2nd Floor, B 30-09-09 DHFL
Block
31-03-13 Indiabulls
5. B-803, 8th Floor, B 30-11-09 DHFL
Block
30-06-10 Indiabulls
6. A-605, 6th Floor, A 04-07-11 Tata Housing
Block Finance
25-07-11 Indiabulls
7. B-104, 1st Floor, B 20-08-10 DHFL
Block
30-07-11 Indiabulls
8. B-305, 3rd Floor, B 31-05-10 DHFL
Block
31-03-13 Indiabulls
9. B-906, 9th Floor, B 08-01-10 DHFL
Block
30-06-10 Indiabulls
10. B-1102, 11th Floor, B 28-04-10 DHFL
Block
30-06-10 Indiabulls
7. Learned counsel for the petitioner submits that as per Annexure A-2 relied by him, the amount received from Indiabulls to Jaipuriya Buildcon Pvt. Ltd. is Rs. 4,19,26,271/-, out of which the amount of Rs.2,44,70,180/- has been paid by Jaipuria to Indiabulls and the amount paid by 18 clients to Signature Not Verified Digitally Signed BAIL APPLN. 528/2021 Page 4 of 6 By:DINESH CHANDRA Signing Date:10.10.2022 19:15:01 Indiabulls is Rs. 3,55,92,968/-. As such it is claimed that the excess amount of Rs. 1,81,36,877/- stands paid to the complainant. Reference is also made to order dated 08.08.2017 passed by DRT, whereby the matter was posted for settlement of both the parties and the arrears payable were stated to be Rs. 44,93,232/- till July 2017 and the parties agreed to pay regular EMIs.
8. Learned APP for the State submits that the interim protection granted to the petitioner already stands withdrawn vide order dated 25.01.2021 passed by the learned ASJ and thereafter, no interim protection has been extended in favour of the petitioner. It is also pointed out that the petitioner has been declared as Proclaimed Offender in the present FIR by learned CMM vide order dated 05.08.2022 Learned counsel for the complainant also submits that 13 FIRs stand registered against the petitioner and denies the factum of having received the payment despite the proceedings before the DRT with reference to order dated 08.08.2017. Reference is also made to an order dated 23.02.2021 passed by the DRT-II, New Delhi in this regard and the amount due is stated to be more than Rs. 1 Crore.
9. Learned counsel for the petitioner clarifies that the petitioner is on bail in other cases.
10. I have given considered thought to the contentions raised.
The fact cannot be ignored that against the same property, the finance was obtained from different financial institutions in complete disregard to law. Several FIRs already stand registered against the petitioner for duping the purchasers/borrowers by way of entering into multiple agreements in respect of the same property.
Signature Not Verified Digitally Signed BAIL APPLN. 528/2021 Page 5 of 6 By:DINESH CHANDRA Signing Date:10.10.2022 19:15:01The petitioner has already been declared as Proclaimed Offender. The payment has not been made to complainant despite proceedings before DRT. Considering the grave nature of allegations, no grounds for anticipatory bail are made out.
The application is accordingly dismissed.
ANOOP KUMAR MENDIRATTA, J.
OCTOBER 7, 2022/akc Signature Not Verified Digitally Signed BAIL APPLN. 528/2021 Page 6 of 6 By:DINESH CHANDRA Signing Date:10.10.2022 19:15:01