Delhi High Court has summoned the directors of real estate company Ansal Properties & Infrastructure to explain the “concealment of facts” from the court and an attempt to “frustrate” its orders. The court directed the directors to be present personally in the court on January 23.
The high court said in an order passed this week that the real estate developer and the finance company have not only concealed material facts and misled the court they also acted in a manner as to frustrate the order(s) passed by the court.
The court has directed the lawyers for Ansal Properties and the finance company, RSD Finance to file a list of the directors of the companies within two weeks. The directions were passed on a petition filed by Mr. Suresh Kumar and others on the basis of an October 2010 collaboration agreement executed between them and Ansal Properties for the development of about 3.575 acres of land in Gurgaon.
As per the agreement, Ansal was to develop the land by constructing a residential/group housing/commercial colony after obtaining all the permissions from the authorities. The company had permits to dispose of “its share” of the built-up area of the project.
Since the developer failed to carry out any development work on the land, they appealed to the court that the company must restrain from making any third-party rights on the plots.
The high court noted in its order that on the first date of hearing the petitioner (on January 14, 2022) a statement was made by the lawyers for the developer that the current situation would be maintained regarding title and possession of the properties including the two plots in contention.
Petitioners allegedly said that despite the undertaking given to the court, third-party rights were created by the developer in favor of the finance company.