The Bombay High Court has stated that investigation against Ultra Lifespace Pvt Ltd and its three directors Mayank Shah, Jignesh Shah, and Tushar Shah in connection with an FIR alleging cheating of Rs38.12 crore is to continue till the next hearing on December 10. A bench of Justices Revati Mohite-Dere and Sandesh Patil, on November 19, however directed that no chargesheet should be filed in the meantime.
Directors Seek Quashing of FIR, Claim Commercial Dispute
The directors have sought quashing of the FIR, first registered at Bandra police station and later transferred to the Economic Offences Wing (EOW). Their lawyers, Aabad Ponda and Sujay Kantawala, argued that the matter stems from a commercial dispute and not a criminal offence.
Complaint by Buyer Over Delayed Possession
The case originates from a complaint by Vijay Thakkar, 54, a builder from Vile Parle (West), who in 2014 booked three flats in a Bandra Reclamation project developed by Satra Buildcon Pvt Ltd (SBPL). Two flats were priced at Rs11 crore and the third at Rs11.75 crore. Thakkar paid Rs7.33 crore, after which a registered agreement was executed.
Under the agreement, construction was to be completed by December 2017, with the occupancy certificate (OC) within a year. In case of delay, the buyer was entitled to a refund with 18% interest, which Thakkar sought when the project failed to meet the deadline. SBPL later assured possession by December 2019 after redevelopment, but the project was subsequently handed over to Ultra Lifespace.
Alleged Cheating and Criminal Breach of Trust
Ultra Lifespace obtained the OC in 2020 and began giving possession to other buyers. Thakkar alleges he was denied possession of all three flats and approached MahaRERA, which directed Ultra Lifespace to hand over possession and refund pending dues with interest. Thakkar claims Rs30.76 crore is owed and, along with Rs7.35 crore paid for development and maintenance, brings his total claimed loss to Rs38.12 crore.
Thakkar eventually lodged a complaint with the EOW alleging cheating and criminal breach of trust.
Directors Claim FIR Misused to Settle Civil Dispute
Ultra Lifespace directors argue that Thakkar misused police machinery to settle a civil dispute and suppressed crucial facts. They maintain that the original sale was completed under Praful N Satra, former director of SBPL. They claim Thakkar paid only Rs5.23 crore of the total Rs33 crore, leaving Rs27.77 crore unpaid.
The petition also alleges fabricated ante-dated letters from March 2018, permitting deferred payment after the OC. An FIR regarding this alleged forgery had already been lodged, which Thakkar allegedly concealed.
Takeover and Pending Dispute
The Mayank Shah group took over SBPL in August 2019, later renaming it Ultra Lifespace. After the takeover, they secured the OC on March 2, 2020, and sent repeated reminders to Thakkar for outstanding dues. Both parties have challenged the MahaRERA order before the appellate tribunal and the High Court, where the matter remains pending.
The plea concludes that no ingredients of cheating are made out, noting: “Surprisingly, no allegation is made against Praful Satra.”
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