The Delhi High Court on Monday (Nov 18) granted relief to Indian cricket team coach Gautam Gambhir by staying a bench order that had reinstated a fraud case against him.
Judge Manoj Kumar Ohri stayed the order and announced that a detailed judgment would follow, temporarily halting further legal proceedings against Gambhir.
The case relates to the 2011 ‘Serra Bella’ housing project, jointly promoted by Rudra Buildwell Realty, HR Infracity and UM Architectures and Contractors. Gambhir was not only an additional director of Rudra but also served as the brand ambassador of the project.
However, potential homebuyers alleged fraud after the project stalled, citing lawsuits over the land as the reason. The aggrieved buyers then filed a fraud complaint against the companies and individuals involved in the project.
In 2020, a court dismissed Gambhir and several others, finding only preliminary evidence against three individuals and two companies. Dissatisfied, the homebuyers challenged the court’s decision through three review petitions before the sessions court.
On October 29, the sessions court quashed the trial court’s order, finding that there was an “inadequate expression of opinion” in acquitting Gambhir. The court ordered the court to reconsider the charges against him.
Moreover, it suggested that the case could warrant an investigation by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA) as cheating is a scheduled offense under the law. The ED was directed to investigate the allegations from the money laundering perspective and submit a status report.
Gambhir approached the Delhi High Court challenging the decision of the sessions court. Gambhir, represented by senior advocate Mukul Rohatgi, argued that he had no direct dealings with the homebuyers in his capacity as Rudra’s additional director.
Rohatgi alleged that Gambhir’s role as a brand ambassador was common and any further investigation would expose him to unwarranted harassment.
“I have an impeccable record. It’s normal to be a brand ambassador. The icing on the cake is an ED order. This is pure intimidation,” Rohatgi argued on behalf of Gambhir.
Justice Ohri, after hearing the submissions, stayed the order of the sessions court and assured that a detailed judgment would be delivered in due course.