The Supreme Court on Tuesday sent in police custody three Directors of the Amrapali Group till they handed over all documents related to their 46 companies to forensic auditors.
The court said that in case the three directors — Anil Kumar Sharma, Shiv Priya and Ajay Kumar — “failed to hand over the documents as ordered, they shall remain in police custody till such time the documents are handed over.”
A bench of Justice Arun Mishra and Justice Uday Umesh Lalit observed that there was blatant and deliberate violation and non-compliance of its directions to the construction company’s Directors to submit the said documents.
The court also issued a contempt notice to the three, asking them to explain as to why they did not comply with the court’s earlier orders.
It ordered that these three and other company Directors to surrender their passports. Nominee Directors will not be covered by this direction, the court clarified.
The court also said that none of the statutory auditors and Directors shall leave the country.
Asking the police to seize all the documents, the court said: “It is not only deliberate non- compliance with court order but also efforts are being made to fritter away the documents in utter violation of court order.”
The court directed that documents not handed over as per the October 4, 2018 order of the Debt Recovery Tribunal too will be handed over to police.
The court took a dim view of the conduct of the Directors, after one of the forensic auditors said that all that the company had furnished till now were documents relating to only six of the 46 companies.
“Why this hide and seek and violation of compliance with our order? Whatever they (forensic auditors) want, it should be handed over by today,” Justice Mishra said.
The documents supplied to the forensic auditors include two internal audit reports of the real estate group pertaining to a period from 2008 to 2015, but nothing from 2015 until 2018.
Directing the Delhi Police to take assistance of Noida police and seize all necessary documents, Justice Mishra said: “If you fail to give any documents, you will not come out of this (custody).
“If they want to live in dignity, then they (Directors) should hand over all the documents immediatelym,” Justice Mishra added.
The court warned the three Directors: “You are in great difficulty, if you don’t comply. We are in action. This will not be tolerated even for an hour. You don’t play with the court.”
The court reminded the Amrapali Directors that they were in the wrong as far as principles of law and administration were concerned as “you have not prepared the accounts from 2015 till 2018.
The court posted the matter for October 24.