The Supreme Court on 01st March (Thursday) ordered and permitted the Delhi Police to arrest and take in custody to Amrapali Group Chairman and Managing Director Anil Sharma and two directors, Shiv Priya and Ajay Kumar. The Supreme Court allowed the application and make it clear that the Police of Delhi is free to arrest any or other Directors of Amrapali group of companies. And also, if any order passed by the court in this case, then it will not come in their way to do so. The Court administers the Delhi Police to investigate the role of Mr. Anil Mittal, Statutory Auditor and Mr. Chander Wadhwa who is the Chief Financial Officer as well.
The Supreme Court observed the need of serious investigation of this case and held the Police to investigate the whole range of situation as predicted in this case and also requires serious investigation in the facts projected by the Directors, Chief Financial Officer (CFO) and the Statutory Auditors. The Delhi Police can question them and search out their Criminality if present regarding/related to this matter. The Supreme Court is grasped of a batch of the petitions which were filed by the home buyers who were seeking possession of approximately 42,000 flats booked in this project of the Amrapali Group.
It was further ordered by the Supreme Court the directors to submit to the Deputy Commissioner affidavits showing the operational ways of diversion of funds and creation of Companies. The company is answerable for the diversion of home-buyers’ money. The three has been under the custody of the Uttar Pradesh Police and remain in a hotel in Noida since October 9 last year by the Civil/Apex Court for not following with its orders. The apex court also administers the attachment of personal properties of Sharma and other directors.
The three directors and also including the CMD were in the custody of UP police till now as per the direction of the apex court in the case filed by home buyers. Delhi Police now has been allowed to arrest and questioned them in a separate case of cheating lodged with its EoW wing. It is also said that the Economic Offence Wing (EoW) of Delhi Police can also arrest Amrapali directors – Shiv Priya and Ajay Kumar – in the case. Previously, following a case submitted by EoW against the Amrapali Dream Valley Private Limited and the two directors for the allegedly cheating their buyers, the court had questioned the Amrapali Group to pay Rs 200 crores, which were taken on accounts of loans & advances, by March 31.
The Police of Delhi had now sought permission for their arrest in a different and separate case lodged with its EoW wing which is under the Section 406, Section 420 and Section 120B of the Indian Penal Code (IPC). Section 406 of IPC deals with the Punishment for criminal breach of trust. Section 420 of IPC deals with the Cheating and dishonestly inducing delivery of property. Section 120B deals with the Punishment of the Criminal Conspiracy.
Sharma, Priya, and Kumar have been charged for not collaborating with Forensic auditors examining financial transactions by the Company and also its directors. The Court had therefore administered them to be kept under the Police Surveillance in a hotel till investigation against the Company was completed.
LEGAL NEWS WRITER- ASHISH RANJAN.