In a fraud case, the bail application of four builders was turned down by the Bombay High Court in a January 2020 case filed by buyers alleging cheating by the promoter. Quashing their pleas for bail, the HC Bench remarked that the whole structure was illegal. “The prosecution’s case is that the entire building is unauthorized. The plans were sanctioned for 18 flats and they entered into 70 transactions for sale of 18 flats. Obviously, the transactions are fraudulent,” said the Bench.
“The applicants’ role is described in the FIR as well as in the investigation carried out so far. Even after accepting money, agreements were not executed and possession was not given. Their custodial interrogation is absolutely necessary,” said Justice Kotwal in the order, adding that since “many victims have suffered monetary losses. No case for grant of anticipatory bail is made out and the applications are rejected.”
Dr Devidas Raut has decided to buy a flat in Hazel Homes at a cost of Rs 73 lakh and called on Urban One Reality directors Kallan and Tinani and identified the suitable flat and paid Rs 32 lakh in January 2013. Later, he made payments through cheques at various stages of the process. But, Urban One Reality did not reach any agreement with him for the sale of the flat. Moreover, he later learnt that his flat was earlier sold by Nine Globe Builders to one Dharmendra Mehta through a registered agreement in December 2014, and who in turn sold it to someone else about a year later. Therefore, Raut moved the Bombay High Court. Also, several other buyers moved the HC, which rejected the bail pleas of Tinani, Kallan and two others Rachael D’souza and Abdul Joeb.
