Delhi court unhappy with builder for leveling allegations intended at lowering its dignity
Mar 17, 2022
New Delhi [India], March 17 : Delhi's Saket court has shown displeasure with a builder Mukesh Khurana for leveling scandalous allegations with deliberate intention to lower the dignity of the court.
Additional Sessions Judge Atul Kumar Garg in an order passed on March 15, 2022, dismissed an application moved by Khurana, sought further adjournment for hearing in the bail matter, said it appears that the Counsel for the applicant is brow-beating the Court by making the allegation, which amounts to leveling scandalous allegations with deliberate intention to lower the dignity of the Court and with malafide designs to get the matter adjourned.
The court further said that the history of the present bail application reveals the mechanization of the applicant for adjourning the matter on one ground or another. He obtained the interim bail vide order dated April 13, 2021, since then, he has been enjoying the interim protection.
The Counsel has misled the Court earlier stating that the applicant had gone to Mumbai or he is not aware of the order passed by this Court. However, he had partly complied with the order as directed by this Court. It is also a matter of fact that there is no transfer application pending before the Ld. Principal District & Sessions Judge (South) by this time.
The court direction came during the hearing of an application sought adjournment on behalf of the applicant/accused Mukesh Khurana stating that he has moved an application under Section 408 CrPC seeking transfer of the instant bail application from this Court to any other competent Court of concurrent jurisdiction in view of the grounds and contentions as alleged by the applicant.
The court, after hearing the arguments, noted that "I have heard the arguments. The necessity of filing of this application has arisen because the accused/ applicant does not want to get the appearance of the accused/applicant in the Court as directed."
The court further said, it appears that the entire effort of moving this application is just to adjourn the matter. He either has to challenge this order securing the presence of the applicant as directed by this Court before the High Court or to argue the case before this Court.
Mukesh Khurana, Promoter, Director and majority shareholder of Rudra Buildwell Projects Pvt. Ltd. is a builder, who has allegedly duped several home buyers. One such case is the latest FIR against Mukesh Khurana, in a series of FIRs registered against him in the recent past.
The FIR stated that Mukesh Khurana and others made several false representations regarding the delivery of flats within time, and other representations, thereby induced the Complainant to book 11 flats in the project named "Palace Heights", taking 75 per cent upfront payment.
Later it came to light that the said 11 flats allegedly had also been sold to 11 different home buyers, and around Rs 2.39 crore were taken from them also.
Accused Mukesh Khurana had sought anticipatory bail in the matter, wherein he was granted interim protection in April 2021.
However, Advocate Mudit Jain, appearing for the Complainant argued before the Court that the accused Mukesh Khurana had given a false and fabricated affidavit and that he is guilty of perjury in Court. He further pointed out that Mukesh Khurana was directed to appear before the Court, however, he has deliberately not so appeared before the Court.
Advocate Jain further submitted that several FIRs registered against builder Mukesh Khurana and he has already spent around 7 months in jail and that he has destroyed the dreams of hundreds of victims for their dream homes, apart from arguing that he is guilty of siphoning off crores of rupees from the Palace Heights project, due to which there is a huge delay in the construction of the project.
