Coming down heavily on the promoters of the Amrapali group, the Supreme Court on October 9 said that the three directors - Anil Sharma, Shiv Priya and Ajay Kumar - will remain in police custody until they hand over the required documents to forensic auditors.
Cops took into custody the three Amrapali directors within the court premises.
The apex court bench of Justices Arun Mishra and UU Lalit said that the three will remain in police custody until each and every document pertaining to accounts of all 46 group companies are handed over to forensic auditors appointed by the Supreme Court. "It may take a day to a month, we don't care," the bench said.
"Enough of your hide and seek. You will be in police custody until you comply with the orders," the court said. On September 26, the court had asked the directors to hand over all documents within 24 hours.
"You have taken the court for granted. This is a clear case of contempt. We want you to hand over all the documents to the auditors," the court said.
The apex court asked Delhi Police and the force in Noida and Greater Noida to coordinate and take the three into custody and seize all documents from Amrapali offices and the houses of the directors.
The bench noted that the directors had not finalised their account books since 2015 and that there were also allegations of siphoning of money deposited by homebuyers.
Last week, the top court had noted that its earlier order of handing over of the documents by the statutory auditors as well as by the Amrapali group of companies to the forensic auditors has been violated.
"With respect to the handing over of the documents by the statutory auditors as well as by the Amrapali Group of Companies, we note it regrettably, that the order passed by this Court has been violated and the documents have not been handed over in spite of clear and categorical direction to handover the documents to forensic auditors within ten days," it said.
Advocate Gaurav Bhatia, appearing for Amrapali, had assured that the statutory auditors will hand over documents to the forensic auditors.
The bench had then directed that all the necessary documents from 2008 to till now, which may be in possession of Amrapali Group of companies in addition to statutory auditors be handed over to the forensic auditors
Let account books in whatever status they are, at present, be handed over. We request the forensic auditors to send their representative on the next date of hearing to apprise us of compliance of this order," the bench had said.
The court had also sought the details of all the outstanding dues of secured and unsecured creditors project-wise and in total.
Last week, the Supreme Court allowed National Buildings Construction Corporation Ltd (NBCC) to float tenders for selecting the builder to complete the stalled projects of Amrapali Group.
The top court also asked the NBCC to prepare a detailed project report for pending projects within 60 days. A bench of Justices Arun Mishra and U U Lalit asked the NBCC to submit the detailed proposals along with their terms and conditions before the court and directed the existing architects of Amrapali Group of Companies to ensure cooperation with the NBCC.
A bench of Justices Arun Mishra and UU Lalit asked the NBCC to submit the detailed proposals along with their terms and conditions before the court and directed the existing architects of Amrapali Group of Companies to ensure cooperation with the NBCC.
The bench was informed that proceedings before the Debts Recovery Tribunal (DRT), Delhi, for sale of the unsold inventory of Amrapali Group has started, valuation of properties has been ordered, and the tribunal has directed for production of original documents, sanctioned plans and other relevant documents with the company.
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