Society members of Homai Mahal had moved the HC against Icon Builders, whose director is Kelkar, for failing to complete the redevelopment since 2011 as well as failing to compensate them as promised.
A sessions court judge refused to grant bail to builder Sachin Kelkar, arrested on October 4 by the economic offences wing (EOW) of the Mumbai police, in a forgery and cheating case. The Bombay high court had earlier in August directed the EOW to investigate allegations against the builder having fabricated civic permissions for redevelopment of Homai Mahal building in Vile Parle (east).
Society members of Homai Mahal had moved the HC against Icon Builders, whose director is Kelkar, for failing to complete the redevelopment since 2011 as well as failing to compensate them as promised. They also complained about several flats being sold multiple times to different buyers by the builder.
Justice S J Kathawalla of the HC had observed in August that the case “exceeded all limits”. “The building has commencement certificate (CC) only till the third floor, but was constructed till the seventh floor,” he observed, while restraining the builder from going abroad. In September, he slammed the EOW for merely showing Kelkar as “wanted”, arresting only his staff member and not even questioning the 50-year-old builder.
Sessions court judge K R Choudhari in his December 5 order said Kelkar’s lawyer Ashwin Rana “vehemently” argued for his bail. “Kelkar is a director of Icon. There are terms of agreement granting 30 months to complete the building after CC grant. The work could not be completed and the society moved HC with a commercial arbitration petition. So it appears the dispute is civil. Besides, more than 60 days have elapsed and he deserves bail.”
Prosecutor Rajput said, “It’s a case of cheating the society and bank of crores. Kelkar initially avoided arrest. Some flats were even sold thrice, like flat 601 was sold to Imran Meredia, Anju Choudhary and B Pal while another flat was sold to S Sanjavala for Rs 85 lakh and to R Pal for Rs 1.2 crore. Besides, the builder transferred Rs 2.1 crore to his personal account and that of his family and others.”
The judge said it appears to prima facie be a case of cheating, forgery and misappropriation. He said Kelkar “cannot deny that he sold a 7th floor flat on the basis of a forged CC.”
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