Builders that resold apartments rather than giving buyers possession are not eligible for HC relief

Intekhab Hasan Syed and another builder were denied temporary protection from arrest by the Bombay High Court on Monday because they failed to turn over the keys to a buyer for two apartments and instead sold them to other people. In a case brought against them by Mira Road police in 2018 for cheating, the builders were seeking pre-arrest release. Vacation Judge Justice Madhav Jamdar was considering their motion at the time.

 

They were granted anticipatory release by the Thane Sessions Court in June 2018 under the condition that they would turn over ownership of the apartments to the buyer. On January 29, 2021, the sessions court cancelled their anticipatory bail since they didn't follow the requirement. The builders went to the HC seeking temporary protection from arrest after the Thane Magistrate issued a non-bailable warrant (NBW) against them on October 15.

 

The HC took note of the 2018 relief judgement from the Sessions Court directing that the following buyers would be evicted and the flats would be turned over to the complainant within a month. The complainant requested cancellation of pre-arrest bail since the builders failed to deliver the apartments. The Builders' Attorney, Ghanshyam Upadhyay, responded no when the court asked if they were now prepared to turn over the apartments to the plaintiff. Convince the new buyers to leave the flats, he added, would take at least 15 days.

 

The High Court took a tough stance, declaring: "Applicants have collected substantial consideration from the plaintiff by selling such units and then sold the identical flats to new purchasers." "Advocate Upadhyay's claim that the complainant has not paid the balance consideration and as a result, the applicants are unable to transfer possession of the flats is completely false and misleading, as even he admits that the said flats are in the possession of subsequent flat buyers," the court declared. There is no basis for granting temporary protection, it continued. The matter will be heard by the HC again on November 10.

 

 

Image Courtesy: Twitter @airnewsalerts