- (1.)On 2nd December, 2021, this Court passed the following Order :
"1. The Petitioners had booked a flat in a real estate project "Hill View" situated in Chembur, Mumbai on 19th February, 2014. Accordingly, an Agreement for Sale was executed and registered on 4th July, 2014, wherein Respondent No. 4 Developer i.e. Reliance Enterprise Builders and Developers expressly assured and promised to handover to the Petitioners the physical possession of the flat on or before December, 2015.

2. However, the Developer failed to handover the flat as promised. Accordingly, on 19th October, 2019, the Petitioner filed a complaint before the Real Estate Regulatory Authority, Mumbai (RERA).

3. By an Order dated 6th March, 2020, RERA inter alia directed the Respondent No. 4 Developer to refund to the Petitioners the entire consideration amount of INR 1,25,24,674/- paid by them, along with interest at the rate of 10.15% until payment and / or realization.

4. However, Respondent No. 4 Developer failed to comply with the said Order dated 6th March, 2020. The Petitioners were therefore constrained to file an Application before RERA and obtain a Recovery Warrant dated 5th May, 2021 against Respondent No. 4 Developer. A copy of the said Recovery Warrant was sent to Respondent No. 2 - Collector on 1 st June, 2021. As Respondent No. 2 - Collector failed to take action in respect of Recovery Warrant, a copy of the same was forwarded to Respondent No. 3 - Tahsildar for action thereon on 20th August, 2021. Despite several reminders, no action was taken in respect of Recovery Warrant. The Petitioners were therefore constrained to file the above Writ Petition seeking reliefs as prayed.

5. Being prima facie satisfied that the partners of Respondent No. 4 Developer namely Shri Hemandra Haridas Mapara and Shri Chetan H. Mapara have cheated the Petitioners (and similarly many more flat purchasers who are not before the Court as orally submitted by the Advocate for the Petitioners), this Court on 29th November, 2021 passed the following Order :

"1. Shri Hemandra Haridas Mapara and Shri Chetan H. Mapara of M/s. Reliance Enterprise, Builders and Developers having their office at B-201/202, Sunshine Plaza Junction of Subhash Lane, Kedarmal Road, Malad (East), Mumbai - 400 097 are directed to remain present before this Court on 2nd December, 2021 at 2.30 p.m. It is made clear that if they fail to remain present in Court as directed, the Court shall be constrained to pass necessary orders to ensure their presence before the Court including issuing warrant of arrest against them.

2. A copy of this Order shall be forthwith served on Shri Hemandra Haridas Mapara and Shri Chetan H. Mapara by the Advocate for the Petitioners.

3. The Senior Police Inspector of the local police station shall render all assistance to the Petitioners and / or their Advocates in serving a copy of this Order on Shri Hemandra Haridas Mapara and Shri Chetan H. Mapara and to obtain their acknowledgments.

4. Stand over to 2nd December, 2021 at 2.30 p.m."

6. Pursuant to our order dated 29th November, 2021, Shri Hemendra Mapara is present in Court. He states that his brother is advised rest at home since he is unfit to work. In support of the same, he has produced a certificate dated 1st December, 2021, (i.e. today) issued by a Doctor from Kokilaben Dhirubhai Ambani Hospital and Medical Research Institute, which talks about certain surgeries undergone by Shri Chetan Mapara, but the said certificate does not mention when these surgeries were performed and the said certificate is also silent as to what is the present medical problem of Shri Chetan Mapara. In response to a query raised by the Court, Shri Hemendra Mapara states that the surgeries were carried out about two years ago. The medical certificate issued is therefore absolutely unsatisfactory. We are not aware whether the Doctor who has issued the certificate was informed about the Order dated 29th November, 2021 passed by this Court. Shri Hemendra Mapara now states that he shall ensure that Shri Chetan Mapara remains present before this Court on 3rd December, 2021 at 2.30 p.m.

7. A copy of this order as well as a copy of the order dated 29th November, 2021 shall be forthwith forwarded by the Prothonotary and Senior Master of this Court to the Doctor of Kokilaben Dhirubhai Ambani Hospital and Medical Research Institute, who has issued the said certificate dated 1st December, 2021 to make him aware of the orders passed by this Court, in response to which Shri Chetan Mapara has procured and produced the said medical certificate before the Court, today. We hope that after going through what is stated hereinabove, the concerned Doctor exercises greater caution in future and also ascertain the purpose for which he is issuing a medical certificate.

8. The Mapara brothers shall file their Affidavit of disclosure setting out their movable and immovable assets both encumbered as well as unencumbered, income tax returns of the last five years of their partnership concern as well as their individual tax returns, the statements of all the bank accounts held by them in their single name as well as joint names, particulars of all their projects, particulars of the flats sold and unsold in the said projects and the amounts received and yet to be received from the flat purchasers. 9.Stand over to 3rd December, 2021 at 2.30 p.m."

(2.)Pursuant to the above Order, Shri Hemandra Haridas Mapara along with Shri Chetan Haridas Mapara are present in Court.
(3.)A cursory glance of the very few income tax returns and other statements produced by Shri Hemandra Mapara, we find that there are several partnership firms in which he and/or his brothers are partners; there are quite a few projects that they have undertaken; they have received Rs.175 Crores (Rupees One Hundred and Seventy Five Crores) from the flat purchasers; they have given huge loans to their immediate family members, however they have informed the Court that they have nothing to offer to the Petitioners in compliance of the Orders passed by RERA in favour of the Petitioners and against the developers.