A Division Bench of
Justices Sanjay Karol and Nongmeikapam Kotiswar Singh cancelled the bail of
businessman, Satinder Singh Bhasin,
engaged in Grand Venice Project for
building mall and commercial tower and continuous seizure of passport. The Court
also ordered for forfeiture of amount of Rs. 50 Crore deposited as pre-bail
condition in 2019, due to violation of condition while granting bail. The Supreme
Court ordered for forfeiture of amount considering the number of opportunities
granted to the petitioner to comply with conditions.
The
condition imposed was to handover the possession of units each to investors/allottees
in a legally usable condition or refund their money within a reasonable
timeframe.
However,
the Court granted him liberty to apply for regular bail after a period of
twelve months subject to fully complying with the orders passed the insolvency
proceedings.
A petition
was filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by
allotees seeking initiation of Corporate Insolvency Resolution Process against
Bhasin Infotech and Infrastructure
Private (BIIPL) and another concern of the petitioner, Grand Venezia Commercial Towers Pvt. Ltd (GVCTPL) on account of
failure to complete construction and handover units. Thereafter, other
corporate debtors have joined the proceedings as well.
In pursuant
to insolvency proceeding against the petitioner’s companies, a moratorium was imposed
in line with Section 14 of the IBC.
Several
FIRs were registered by allotees of Units in the project in New Delhi and State
of Uttar Pradesh alleging non-delivery of their units, siphoning their funds
and impropriety of allotment of land with the collusion of state officials.
The petitioner
was granted interim relief of bail by the Supreme Court with condition to
deposit Rs. 50 crore as per-condition for granting bail. The petitioner was
also directed to settle the claims of the concerned complainants as far as
possible within six to eight months
The Miscellaneous
Application was filed by several allotees of Grand Venice Project against
Satinder Singh Bhasin Director of Bhasin Infotech and Infrastructure Private for
cancellation of bail due to violations of bail conditions that were imposed him
by the Supreme Court.
Learned
Senior Counsel of the respondent, Mr. Gopal Sankaranarayanan and Aditi Mohan,
Learned Counsel submitted against the petitioner that he has been creating
third party rights illegally by fabricating documents. The petitioner has unlawfully
and fraudulently transferred an area of 4,25,154 sq.ft in favour of Grand
Express Developers Private Limited in which the petitioner has direct interest.
The conduct of the
petitioner before the Committee appointed by this Court, does not inspire any confidence.
The Committee noted that repeated requests had to be made for furnishing the
final list of allottees. Moreover, during the site visit by the Committee, the
petitioner left half-way. This was an opportunity for the petitioner to show
his bonafide intention towards this Court and the allottees, however the petitioner
yet again, failed to do so – Supreme Court noted.
It was
contended on behalf of the Allottees that the petitioner has neither settled
the claims of the allottees nor ever genuinely intended to do so.
It is
contented that despite the lapse of several years from the grant of bail, the
petitioner has neither returned the money to the allottees nor handed over the
possession of units in terms of the settlement agreements. According to the
respondents, there has been no genuine or bonafide effort on the part of the
petitioner to fulfill his obligations and the steps taken are merely
superficial/cosmetic, intended to create an appearance of compliance.
After
hearing the submissions and contention and perusal of materials placed on
record, it became clear to the Hon’ble Court that the petitioner has failed to
settle the claims of the investors of either hand over possession or refund
their money inspite of repeated opportunities granted to fulfill his
obligations. There was no genuine or meaningful efforts to settle the claims of
investors.
Settlement
agreements executed in 2020 were largely remained in papers only and not
resulted in actual relief to the allottees – Supreme Court noted.
The
Apex Court expressed that mere execution of agreements without implementation cannot
be treated as compliance with the condition imposed by this Court.
Accordingly,
the Court concluded by cancelling the bail of the petitioner and forfeiture of deposit
amount and told to surrender within one week.
Case: Satinder Singh Bhasin Vs Government Of Nct Of Delhi & Ors. Miscellaneous Application No.239 Of 2024
Date of Judgment: 2 April, 2026
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