Haryana RERA Issues Reference To P&H HC For Initiation Of Contempt Proceedings Against DCP(HQ) For Non-Arrest Of Directors Of Vatika Limited
Haryana Real Estate Regulatory Authority, Gurugram, Adjudicating Officer has issued reference to Punjab and Haryana High Court for Initiation of Contempt of Court Proceedings against Deputy Commissioner of Police (DCP) Headquarters, Gurugram in a case titled as Gurdeep Singh Guglani v Vatika Limited (RERAGRG Ex. No. 8096 of 2022) for Non-Arrest of Directors of M/s Vatika Limited (Builder) upon Arrest Warrant issued by the Authority.
In the Gurdeep Singh Guglani (Supra) case, the Authority through its order dated 05.04.2022 had directed Vatika Limited to pay assured returns and execute conveyance deed in the favour of senior citizen homebuyer within three months from the final offer of possession.
Series of Events
A show cause notice dated 28.09.2023 was issued to the directors of Vatika Limited giving them opportunity to show cause reasons for non-issuance of arrest warrant.
On 15.01.2024, Reply submitted by directors of Vatika Limited was rejected by Authority and an arrest warrant was issued against the directors of Vatika Limited namely Mr. Anil Bhalla, Mr. Surender Singh and Mr. Brij Kishore.
On 08.02.2024, a warrant of arrest was issued to bailiff. On 15.03.2024, a report was filed by the bailiff, who prayed for police assistance. The request for police aid was allowed, and the DCP (Headquarters) Gurugram was directed to provide police aid to the bailiff. Further, Arrest warrant was reissued with police aid to the bailiff.
On 26.03.2024, a letter was sent to the DCP by Authority directing him to provide police aid to the bailiff for arrest of directors of Vatika Limited. On 09.05.2024, bailiff reported that the warrant was not executed as the director was not found. This was corroborated by a report from the Khirki Dhola Police Station on 08.05.2024.
On 21.08.2024, a show cause notice was issued to the DCP (Headquarters) Gurugram, questioning why contempt of court proceedings should not be initiated and sent to the Punjab and High Court.
Lastly, on 11.09.2024, reference was issued to the Punjab and Haryana High Court for the Initiation of Contempt of Court Proceedings against Deputy Commissioner of Police (DCP) Headquarters, Gurugram.
Case – Gurdeep Singh Guglani v Vatika Limited
Citation – RERAGRG Ex. No. 8096 of 2022
Advocate for Homebuyer – Mr. Harshit Goyal
Advocate for Builder – Mr. Ankur Berry.