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That thereafter the passage of theperiod of interim bail dated

15.03.2017, the respondent moved several application for the


grant of more month time for the compliance of order vide CRM
NO.21758 0f 2017. However respondent neither surrendered nor
comply with the order. Out of 5 licenses only 1 license was issued
to one company Desert Moon Realtors Pvt. Ltd. has been renewed
on 22.09.2017 subject to condition that after renewal of licenses
if development work of the project was not started, the same
renewal would be expire on 04.09.2018. furthermore with due
inspection conducted by the complainant it is pertinent to
highlight the impudence on part of the respondent for contempt
of court order despite of extension of interim bail time and again
respondent has till date has not initiated development of
construction work resulting expiry of said renewed license.
Herein it is relevant to mention by this date all the licenses of the
respondent stands expire.

That the respondent no. 2 despite given various deadlines from


2015-2018 before various forums regarding start of construction
work. Also in one of the affidavits respondent no. 2 has stated
that the construction will be start on 17.11.2017 in phase 3.
However, till date though out of bail the construction work has
not started in any of the said project.

That it is pertinent to mention that this Hon’ble court in his order


dated 26.02.2018 after minute observation regarding the
malevolent conducts of the respondents gave last opportunity
towards their liabilities as complied by their affidavit and order
dated 27.02.1016 and 15.03.2017 that the respondents are
evasive qua the road map regarding refunds of allottees whose
time or delivery as stipulated in the agreements has expired and
also no concrete steps were visible on the renewal of licenses and
no initiative taken towards construction work. The photo copy of
the order dated 26.02.2018 is annexed herein as Annexure-.

That furthermore the parent company Era Infra Engineering Ltd.


has been one among the other fewer companies where RBI has
recommended the banks to initiate insolvency proceeding under
Insolvency and Bankrupt Act, 2016. Thus at present the case is
pending before NCLT under for insolvency procedure wherein the
IR submitted the extension the period submission of report before
NCLT competent authority.

That the fraudulent act of the respondents who were grant the
interim bail despite enjoying without complying their Hon’ble
court order and in every sphere the buyers whose interest was
created and have been paying their hard earned money will lose
everything, without any of their wrong doing.

That respondents may be directed to ensure that the interest of


the innocent buyers are not jeopardized and in the event of
failure of the respondents to ensure payment of dues or delivery
of possessions, the present bail petition may be dismissed
forthwith.

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