To, 07.10.
2024
Office of the Superintendent,
Central Jail No 4, Tihar Jail,
New Delhi
Subject: Seeking list of cases pertaining to the Mr Naresh Gaur, S/o Late
Shri Dhani Ram Gaur, currently incarcerated in Tihar Jail No 4.
Dear Concerned,
This letter is being written to you in reference to Mr Naresh Gaur, S/o
Late Shri Dhani Ram Gaur, presently lodged in Tihar jail No 4. This is to inform
you that Mr Naresh Gaur (hereinafter referred to as the accused) is one of the
suspended directors of D.R. Gaur Projects Private Limited (In Liquidation)
(hereinafter referred to as the Company).
Please note that in the year 2006, the company had proposed to develop a real
estate project by the name of ‘Snowview Residency’, at village Khushalpur,
Tehsil, Vikasnagar, in District Dehradun (Uttrakhand), and another project by
the name of ‘Coronation City’ at Village Bandheri, Rajputana, Tehsil Rorkee
which were a widely publicized and advertised projects.
Pursuant to the issue of advertisements, several people, interested in booking a
unit in the said project, had issued cheques in favor of the Company. That
however, due to the Malafide intent and due to the wrongful acts of the erstwhile
authorized representatives of the Company (namely Mr Rajbir Phogat, Mr Yadav
Rai Gupta and Mr Satish Kalra), the company suffered huge financial losses, and
the projects could not be initiated. Since the funds of the company were siphoned
off by the erstwhile authorized representatives of the company, the company was
not able to fulfill its financial obligations and therefore, multiple litigation were
initiated against the company before courts of different jurisdiction.
Subsequently, the Hon’ble High Court of Delhi, vide order dated 20.05.2011,
passed an order, initiating Liquidation Proceedings and the Liquidator attached
to the Hon’ble High Court, was appointed to act as a provisional liquidator in the
said liquidation proceedings.
It is further trite to mention here that several criminal proceedings were also
initiated against the company as well as its suspended directors. Subsequently,
the accused herein is presently incarcerated in Tihar Jail No 4. It is also trite to
mention here that the accused herein is facing trial in few of the cases and is
convicted in few of the cases pending against him. It is also trite to note here that
the accused has already served his sentence in most of the cases and is currently
serving sentence in default in few cases.
It is necessary to note here that the benefit of Section 427 as well as Section 428
of the Code of Criminal Procedure, 1973, has been given to accused herein,
however, the same could not be availed since during the time of arrest of the
accused, the undersigned (son of the accused) was minor and the family of the
accused was suffering from financial hardships, since the accused herein was the
sole bread-winner for their family. Furthermore, there was no one to pursue the
litigation for and on behalf of the accused and therefore, the accused could not
avail benefits under Section 427 as well as Section 428 of the Code of Criminal
Procedure, 1973.
Please note further that the accused herein was entitled to avail benefits under
Section 427 as well as Section 428 of the Code of Criminal Procedure, 1973
since all the cases in which the accused has been convicted or is facing a trial,
arose out of the same project of the same company. Please note that the
undersigned being the son of the accused, is in process of taking necessary legal
steps with regards to all the pending cases.
It is therefore, humbly requested to your office, to kindly furnish the following
information to the undersigned at the earliest:
a. List and details of cases in which the accused has been convicted.
b. List and details of cases in which the accused is currently facing trial.
c. List and details of cases in which the accused has served sentence.
d. List and details of cases in which the accused is yet to serve the sentence.
e. Details of cases in which the accused is currently serving sentence.
Kindly provide the above information at the earliest, so that necessary steps can
be taken by the undersigned in the interest of justice.
Sincerely
Suraj Gaur,
S/o Shri Naresh Gaur
R/o House No 615, Near Blue Bells School,
Sector-4, Gurgaon,
Haryana- 122001
