SC warns Parsvnath MDs, directors of jail over refunds
New Delhi, July 21 -- The Supreme Court on Monday escalated its crackdown on errant real estate developers, warning the managing directors, directors and senior officials of Parsvnath Developers Ltd and Parsvnath Hessa Developers Pvt Ltd that they would face the same fate as the former top executives of Unitech unless they refunded two Gurugram homebuyers within a week, while also clearing that insolvency proceedings would not come in the way of enforcing its orders and sending them to jail.
A bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana gave the developers a final opportunity to deposit the entire amount due to the two homebuyers - petitioners before it, along with 12% annual interest within a week, while directing that the freezing of all bank accounts of the companies and their top officials would continue. "The next step is jail...that is all," remarked the bench, refusing to entertain submissions that the company was undergoing insolvency proceedings. "We are not concerned. We will send them to jail if they do not comply with our orders. You have duped people everywhere. You have made a mockery of all proceedings. The whole country has been suffering because of your harassment," the bench told counsel appearing for the developers.The court said it was prepared to adopt the same approach it had taken against Unitech's promoters.
"We will provide the same treatment as Unitech people were. These people have been making mockery of everything. The entire system has been hijacked," it observed.
In the Unitech case, the Supreme Court had ordered the arrest of the company's promoters Sanjay Chandra and Ajay Chandra for failing to refund thousands of homebuyers, and the two spent a considerable period in judicial custody while the court monitored the refund process and recovery of assets.
When the Parsvnath developers' counsel submitted that insolvency proceedings had been initiated against the company since April this year, the bench brushed aside the objection....
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