SC to examine plea challenging HC order quashing case against builders

The Supreme Court has agreed to examine a plea challenging an order of the Allahadbad High Court by which it quashed criminal proceedings against Noida-based real estate builders.

A bench of justices Arun Mishra and U U Lalit issued notice on a plea filed by a buyer, named Ashish Gupta, who claimed that the High Court erred in quashing the proceedings in a criminal case against the builders, and that it was an utter violation of natural justice.

Advocate J P Singh, appearing for Gupta, said that it is "serious abuse of authority" and the High Court cannot quash the proceedings in a criminal matter on the ground of existence of arbitration clause.

"Criminal prosecution cannot be quashed under the garb of arbitration Clause. The criminal proceedings are independent proceedings and they cannot be wiped out on the false pretext of arbitration clause," Singh said.

He alleged that local police were hand-in-gloves with the power real estate builders and had refused to lodge a FIR following which the petitioner had to approach to court for lodging the case of cheating, forgery and criminal conspiracy.

Singh said that the accused builder Satinder Singh Bhasin and others moved the Allahabad High Court, which ordered stay on arrest of the builders, without giving an opportunity to the petitioner (property buyer).

Gupta in his plea said that on December 13, 2017, the high court had quashed the charge-sheet, cognizance order and the entire criminal proceedings under various sections of IPC on the false pretext of arbitration clause.

Gupta in his plea said that in 2012, managing director Satinder Singh Bhasin and Mohinder Singh Ahluwalia of M/s Mist Avenue Pvt Ltd published false, fake and misleading multiple advertisements in print and electronic media to induce the homebuyers of the project at Noida.

He deposited money for a retail shop booked on November 21, 2012, to earn livelihood and the delivery of possession was promised to be given of the same within two years.

"Even after lapse of more than six years the construction of the project is at initial stage. Now the construction has completely been stopped and project is lying in a dilapidated condition," the plea said.

He claimed that till now he has paid Rs 32,43,840 through cheques to the Mist Avenue builders but possession of the property has not been given.