Mumbai: Film producer Ajay Kapoor and his wife have been granted interim protection from arrest by the sessions in a case lodged against them by Mohit Bhartiya in a cheating case.
Bhartiya had claimed that he was appointed as developer manager by the builder and the members for regularization of Khushi Pride Belmondi Building located in Santacruz, after the BMC had served notice to the building in 2022.
It was claimed that under the signed terms, ownership of the first floor of the building was handed over to Bharatiya with the consent of all Condominium members. Besides, it was also allegedly agreed that all expenses incurred by Bharatiya would be divided proportionately among the apartment owners. Besides, Bharatiya had made an offer to purchase the apartments of the Condominium members on the independently negotiable terms and market rates.
After the work, Bharatiya is said to have incurred expenses of Rs 50 crores. Out of this, the proportionate expense for the 4 flats owned by the Kapoors was Rs 5.83 crores. Furthermore, Bharatiya spent Rs 43.87 crores on building renovation, repairs, civil works, etc., for which the proportionate share for Kapoor’s flats was Rs 8.09 crores. It is claimed that as per the resolution passed on November 22, 2022, all the members in the Condominium sold their owned flats to Bharatiya from time to time. However, when Bhartiya demanded the money the Kapoor’s refused and thereafter both got entangled into several litigations. Bharatiya thereafter lodged a complaint with the economic offence wing.
Apprehending arrest, Kapoors moved anticipatory bail through their lawyer Sandeep Karnik wherein they contended that ‘Bharatiya had not produced any documentary evidence to substantiate either that such amount was actually incurred or that there existed any understanding between the Kapoors and the complainant authorizing him to incur such huge expenses.
It was contended that this was a civil dispute and the couple had visited the office of the investigating officer whenever called. The court considering the contentions has asked the police not to take any coercive action against Kapoors. Further, the court has asked the couple to attend the office of investigating officer for investigation subject to prior intimation of 2 days.
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