The Bombay high court has cancelled bail of a builder, who was booked for cheating flat purchasers, for resiling from the consent terms wherein he agreed to return the money in a phased manner and not paying a single rupee.
Justice Manish Pitale cancelled the bail granted to Noor Mohammed Ahmed Deraiya on April 5 last year while hearing a plea filed by one of the flat purchasers, Latif-Ur-Rahman Merchant. He was granted on the promise of periodically returning the money of the flat purchasers.
An FIR was registered on July 27, 2021 by DN Nagar police station against Deraiya for cheating Merchant and others for collecting huge amounts for sale of flats in a construction project. It was later learnt that Deraiya had no right in the property, in which the said flats were to be constructed. He then gave certain cheques to the flat purchasers, purporting to return the amounts. However, the cheques were dishonoured. The builder was arrested.
On a complaint by some of the flat purchasers before the state consumer commission, Deraiya proposed settlement and consent terms were signed wherein he agreed to pay over Rs4.55 crore to flat purchasers periodically, over a period of 16 months. As Deraiya was in jail, he was produced virtually before the consumer commission to confirm the consent terms.
Based on the consent terms, HC granted him bail.
As Deraiya failed to pay the amount, Merchant approached the HC seeking cancellation of his bail contending that the builder “misled and hoodwinked this court”. In March, the HC directed Deraiya to file a reply to the plea. However, on August 22, the builder’s advocate sought more time to file the affidavit.
Refusing to grant time, the HC noted that the builder was adopting a delay tactic. “This is obviously a tactic to further delay the hearing of the present application. Hence, this Court has refused to adjourn the hearing of this application,” Justice Manish Pitale said.
“Since, not a single rupee has been paid in terms of the aforesaid affidavit, undertakings and representations given to this Court, sufficient ground is made out for this Court… to cancel the bail granted to the respondent No.1 (Deraiya). In a manner of speaking, the respondent No.1 has certainly abused the concession granted by this Court when enlarging him on bail,” the judge added.
The HC has asked Deraiya to surrender in two weeks, failing which the concerned Police Officer has been directed to take him in custody.
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