Relief For Gautam Gambhir In Real Estate Cheating Case From Delhi High Court

The Delhi High Court on Monday (18 November) granted relief to Indian cricket team coach Gautam Gambhir by staying a sessions court order that had reinstated a cheating case against him.

Justice Manoj Kumar Ohri stayed the order and announced that a detailed judgment would follow, temporarily halting further legal proceedings against Gambhir.

The case pertains to the 2011 housing project ‘Serra Bella,’ 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 project’s brand ambassador.

However, prospective homebuyers alleged fraud after the project stalled, citing litigation over the land as the reason. The aggrieved buyers subsequently filed a cheating complaint against the companies and individuals associated with the project.

In 2020, a trial court discharged Gambhir and several others, finding prima facie evidence only against three individuals and two companies. Dissatisfied, the homebuyers challenged the trial court’s decision through three revision petitions in the sessions court.

On 29 October, the sessions court set aside the trial court's order, noting an "inadequate expression of mind" in discharging Gambhir. It directed the trial court to reassess the charges against him.

Furthermore, it suggested that the case might 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 ordered to examine the allegations from a money laundering perspective and file a status report.

Gambhir approached the Delhi High Court to challenge the sessions court’s decision. Represented by Senior Advocate Mukul Rohatgi, Gambhir argued that he had no direct dealings with the homebuyers in his capacity as Rudra’s additional director.

Rohatgi contended that Gambhir’s role as a brand ambassador was common practice and that any further investigation would subject him to unwarranted harassment.

“I have had an unblemished record. It is normal to be a brand ambassador. Icing on the cake is an ED order. This is complete harassment,” Rohatgi argued on Gambhir's behalf.

Justice Ohri, after hearing the submissions, stayed the sessions court’s order and assured that a detailed judgment would be passed in due course.