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Cheating case:HC to hear real estate firm’s plea on March 20

Delhi high court

New Delhi: The Delhi High Court today fixed March 20 for hearing on a plea filed by a real estate developer and its two directors seeking quashing of the charge sheet filed against them before a trial court for allegedly cheating an investment firm here.

Justice Manmohan Singh, however, stayed the trial court proceedings till March 20 on the plea of Baani Group Company Aditya Infradevelopers Pvt Ltd and its directors — Virendra Bhatia, his son Sahil Bhatia, who also sought stay on the summons issued to them.

“Till the next date of hearing (March 20), the trial court proceedings shall remain stayed,” the court said.

The court also stayed proceedings against Lalit Modi and his wife, directors of investment companies — Laiba IT Infrastructure Pvt Ltd and Kaliber Associates Pvt Ltd, and two other individuals who have approached the court, after they were named in a charge sheet by police under various sections of IPC including criminal breach of trust, cheating, fraudulent execution of deed of transfer containing false statement of consideration and under criminal conspiracy.

According to police, in March 2012, Birendra Kumar Pasari, director of Dilwara Leasing and Investment Ltd, had lodged a complaint here, on which an FIR was lodged in November 2012 under various section of IPC, including cheating and criminal conspiracy.

Later in January, police had filed the charge sheet against the two companies and six individuals in the case.

Pasari alleged that out of three floors, Bhatias had only delivered possession of one property at Jasola here.

“However, the accused is not executing the sale deed and failed to hand over the possession of the other two, even when out of the total amount of Rs 15.90 crore a sum of Rs 13.14 crore has already been paid to the company and the cheque for the balance amount of Rs 2.76 crore which was supposed to be paid at the time of possession, has already been handed over to one of its brokers,” senior advocate K T S Tulsi, appearing for complainant Pasari, contended in the court.

Opposing the plea of the accused seeking quashing of the chargesheet, Tulsi and senior advocate N Hariharan, appearing for the complainant, also contended that once the charge sheet is filed then the accused should face the trial.

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