The suits are filed against EON Homes Hinjewadi director and shareholders Bharat Kumar Agarwal, Shernik Siroya, Anand Kumar Thirani.
Mumbai High Court on 13th June, 2022 ordered Shrenik Siroya (founder of Mumbai-based FM Siroya Construction), Anand Kumar Thirani (Director of Kores India), Bharat Dewakinandan Agarwal (Director of EON Homes and Kasturi Housing) to settle off the 22-crore fraud suit with London businessman Sunil Anand. The bench which was led by Hon’ble Justice R.I Chagla J has given EON home directors and shareholders time till June 28, 2022 for the same.
Shrenik Siroya and Lt. Fatesh Mirchandani are the founders of Mumbai-based FM Siroya Construction. They have previously continued to defy a Mumbai High Court order to disclose the firm’s business and personal assets in response to a complaint brought by Mr. Sunil Anand, a UK-based businessman. The building company’s owners have a long history of being habitual cheaters and fraudsters, which was established in court and for which they have previously served prison sentences. Bail conditions restricting them to leave Mumbai are still current and an offense.
Sunil Anand filed a complaint against the developers in Juhu police station in June 2016. The property was supposed to be delivered in 2015, but neither possession nor repayment was made. It was then revealed that the unit had been sold to other purchasers.
Previously, Justice KR Shriram heard a case filed by Sunil Anand against the developers to recover his Rs 4.25 crore investment in an apartment at the Orchids complex in Vile Parle. Anand also filed a claim for Rs 22 crores. The high court concluded that Mirchandani and Siroya can be held accountable for Siroya FM Constructions’ commitments, and that an attachment before judgement order was permissible even at the ad-interim stage.
Speaking to Digpu News, Advocate Anil Shah, with the Mumbai High Court, said that he filed a complaint under IPC sections 409 (criminal breach of trust) and 120 (B) (punishment of criminal conspiracy), as well as the Maharashtra Ownership Flats Act (MOFA).
He further stated that the criminals are well known to the police, since they have other comparable cases submitted and under investigation. Shrenik D Siroya was recently imprisoned for over three weeks for similar offences in January 2022.
Despite a high court decision by Justice K R Shriram ordering them to attach their ENTIRE (personal and business properties) “Nami and Benami” properties and declare all their assets, including instructing any agent NOT to create any third party rights for any of Shrenik D Siroya’s and Fatesh Mrchandani’s projects, in EON Homes Hinjewadi, Pune,(AKA, Siroya FM infradevelopment Pvt. Ltd/Hinjawadi Infra Development Pvt. Ltd).
The directors of the construction firm have continued to defy the order. EON Homes Director Bharat Dewakinandan Agarwal (also director of Kasturi Housing) have submitted an affidavit before the high court alleging that Shrenik and Fatesh (who were the full original owners of the MIDC-allotted land) are now 50% shareholders of the EON Homes Hinjewadi project. Despite the court decision, the Company continues to sell and create third-party rights, making a mockery of the country’s judicial system.
According to the MAHA RERA file, Anand Kumar Thirani, Director of Kores India, is also collaborating with Shrenik D Siroya on the ‘Infinity Residences’ project in Parel, Mumbai, along with two partners Kailash Chandra Sethi and Kishore Velani. Knowingly, all of the above in this Project are aware of the High Court Injunction, but have concealed this asset from the High Court, thereby deceiving the High Court, MAHA RERA, banks, and innocent buyers, putting their monies at risk by falsely declaring that this Project is free of litigation and has clear titles, which is, needless to say, fraud.
This fraud has been assisted and managed by the signature of Advocate Ashwin Mishra, who has provided a Clear Title Certificate to MAHA RERA for the Project despite the fact that he has appeared in court multiple times appearing for Shrenik D Siroya and is well aware of the High Court ruling.
Furthermore, Andheri Police/EOW Police registered crime No.77 of 2021 against Shrenik D Siroya for Rs. 156 Crores fraud.