Relief to builder couple booked for duping Samir Kochhar, Varun Bangera

Bombay HC restrains police from coercive action against builder couple accused of duping actor Samir Kochhar and Varun Bangera, until next hearing on Feb 15.

MUMBAI: The Bombay high court has restrained the police from taking any coercive action against builder couple Pronith Nath and Amisha Nath, accused of duping actor Samir Kochhar and Varun Bangera, the husband of Karishma Tanna, until the next hearing on February 15.

HT Image

Justice Sarang Vijaykumar Kotwal issued the directive on Thursday on the couple’s application for anticipatory bail after a sessions court in Dindoshi denied them the relief. The lower court while refusing them pre-arrest bail stated that a systematic effort was made to extract the money from the complainants, and their custodial interrogation was necessary to unearth the conspiracy.

During Thursday’s hearing, the court directed the Nath couple to join the complainants as a party respondent to their plea and the complainants are given liberty to file a reply to the anticipatory bail application in four weeks.

Samir Kochhar, a prominent TV personality, had filed a cheating case against the Nath couple at Andheri Police Station on October 21, 2023. They were accused of swindling Kochhar of ₹58.50 lakh and Varun Bangera of ₹44.66 lakh, violating a Memorandum of Understanding (MOU) related to the sale of units in a building being constructed by the couple in Pali Village, Bandra East. The Naths were booked under sections 409 (criminal breach of trust), 420 (cheating and dishonesty), and 120 (B) (criminal conspiracy) of the Indian Penal Code.

According to the FIR, in December 2020, the Kochhar couple and Bangera approached the Naths to purchase two units in a building slated for development. They decided on specific flats on the 3rd and 4th floors, with the initial impression that the land was unencumbered.

However, after paying a cumulative amount of nearly ₹31 lakh, they discovered the property was mortgaged. Upon questioning, Nath assured them of a transfer without encumbrances and had them enter into an MOU, requiring around 30% of the total sale value to be paid immediately.

Accordingly, Kochhar paid an additional ₹47.5 lakh, expecting the construction to be completed by December 31, 2021. Despite ongoing construction, Nath informed them on June 23, 2023, through WhatsApp, of their change of mind, allegedly using their money to clear debts before deceiving them.

Seeking specific performance of the MOU, Kochhar approached the HC through advocate Prerak Choudhary. During the hearing, it was revealed that the Naths entered another MOU with a different party for the sale of the same units, leading to the registration of the FIR in question.

Justice Kamal Khata, in an order on July 26, prohibited Nath from selling the property. Nath appealed this decision on October 5, but the court, presided over by chief justice DK Upadhyay, refused to interfere with the single bench order.