Mumbai, April 28: The Sessions Court, Dindoshi, refused to grant anticipatory bail to a father-son duo of M/s Shah Housecon Private Limited in connection with an alleged cheating case registered with Kasturba Marg Police Station over the Khot Dongri slum redevelopment scheme.
Accused booked on developer’s complaint
Mansukh H. Shah and Akash Mansukh Shah, directors of Shah Housecon Pvt. Ltd., were booked on the complaint of Nilesh Narendra Raghani, 47, director of Klassic Treasure Pvt. Ltd. It is alleged that the father-son duo accepted Rs 5.15 crore from a developer on false assurances in a redevelopment project.
The complainant, who had also intervened in the hearing opposing the anticipatory bail through his lawyer, Rahul Dingankar, had claimed that his company is carrying on the business of construction of SRA projects, while the company of the accused is in the business of redevelopment projects.
Terms of agreement cited
It was contended that the accused and the complainant entered into an agreement that the complainant will make construction of an SRA project on a saleable plot of 5,600 sq. mtrs., and the accused agreed to give 3,40,000 sq. ft. saleable area to him and, in consideration thereof, he will pay Rs 100 crore and 1,10,000 sq. ft. saleable area to the accused.
Accordingly, they entered into a term sheet dated May 6, 2025, and subsequently the terms were agreed between them vide MOU dated May 17, 2025, wherein the accused had mentioned that the process of acquiring title in land CTS No. 519, 519/1 & 2 and 526/1 to 11.
However, on July 16, 2025, the supplementary MOU was executed between them. Two months later, the complainant came to know that the accused had no title over the property and the same belonged to a charitable trust.
Multiple agreements alleged
The complainant also contended that the accused also made MOU or agreements with other developers, namely M/s Jha Buildcon LLP, M/s B-right Real Estate Ventures LLP, and M/s Salasar Land Developers, by taking huge amounts. It is also alleged that the accused also demanded an additional Rs 25 crore and immediate advance of Rs 2 crore.
Defence claims false case
The father-son duo, however, while seeking anticipatory bail through their lawyer, Darshan Patankar, contended that a false case has been lodged against them.
It was contended that they never made false representation that they have acquired title in land CTS No. 519, 519/1 & 2 and 526/1 to 11. As per the MOU, the informant had to pay Rs 100 crore and 1,10,000 sq. ft. saleable area out of 4,50,000 sq. ft. saleable area of the said SRA project to the applicants.
"The agreements made with M/s Jha Buildcon LLP, M/s B-right Real Estate Ventures LLP and M/s Salasar Land Developers are already terminated by the applicants. However, in order to grab the land of the applicants and to escape from payment of loan amount, the informant has lodged a false case by making false allegations," Patankar had contended.
Court cites prima facie material
The plea was also opposed by the prosecution, contending that there is strong material against the applicants for the alleged offence. He submitted that the accused have not only deceived the informant but also other developers by making agreements of the same project and have taken huge amounts.
The court, after hearing all the parties, noted that, "The Investigation Officer has recorded statement of one developer namely Shankar Kumar Jha who has alleged that the accused have deceived him by taking amount."
"The land bearing CTS No. 519, 519/1 & 2 and 526/1 to 11 is entered in the name of Charitable Trust, still the supplementary MOU has been made in respect of that land for development," the court further said.
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While refusing to grant them any protection from arrest, the court said, "In the facts and circumstances, there finds prima facie material against the accused for cheating the informant and others for huge amount of Rs 14 crore. Other criminal cases of cheating are pending against the accused."
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