‘Court Should Proceed After Considering CBI Chargesheets’, SC In Builder-Bank Nexus

New Delhi: The Supreme Court on Tuesday directed a trial court in Delhi to proceed with the trial in the charge sheets filed by the CBI in the cases in connection with the builder-banks fraud nexus exploiting homebuyers in the National Capital Region.

The matter came up before a bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and Vipul Pancholi. Additional Solicitor General Aishwarya Bhati appeared for the CBI before the bench.

The bench noted that during the course of the hearing, it was informed that charge sheets have been filed in the court of the Chief Metropolitan Magistrate in Rouse Avenue court, Delhi. “We direct the court concerned to consider the charge sheets filed and proceed in the matter in accordance with law within 2 weeks”, said the bench.

The CBI said that in compliance with the apex court’s order dated July 22, 2025, 22 regular cases were registered on July 28, 2025, as per provision of law.

“After registration of cases, searches were carried out at the residential/official premises of the FIR-named accused persons. CBI has completed the investigation in 3 RCs out of 22 and filed a chargesheet against the builder companies and their directors. The cognisance has not been taken yet by the trial court. The investigation in the remaining 19 cases is ongoing”, said the CBI’s note.

The central agency said in compliance with the order dated September 23, 2025, 6 regular cases were registered on September 25, as per provision of the law.

It added that after registration of cases, searches were carried out at the residential/official premises of the FIR-named accused persons, and all cases are under active investigation.

“In compliance with the order dated 23.09.2025, the extract of the status report was shared with amicus curiae. He has also been provided with the extract of the first status report of CBI filed before the Supreme Court. At present, 25 Regular cases are under active investigation”, said the CBI’s note.

The CBI said the requisite police officials have been taken on deputation from the state police of Uttar Pradesh and Haryana. The bench was informed that a fresh status report will be filed before the next date of hearing.

The bench was hearing grievances of several homebuyers in the NCR, who claimed that banks were forcing them to pay EMIs without having obtained possession of flats due to the delay by the builders/developers.

The apex court in September last year had directed the CBI to register cases after an investigation signalled at the commission of cognisable offences.

During the hearing today, the bench directed the magistrate before whom the chargesheets have been filed by the CBI to proceed with the trial of the case.

The bench said the amicus has submitted a comprehensive status report, and it goes into detail regarding the actions of 7 banks/ financial institutions.

The bench said the report depicts in-depth research on the role of banks and financial institutions, and in many tripartite agreements, the banks have ample powers to move against the builders for the recovery of the money. The bench said they can also seek a refund of money from the builder if the unit is abandoned by the purchasers, while the builder is only entitled to retain the earnest money paid by the purchaser.

“The report shockingly reveals, as to how unfair treatment has been given to the homebuyers…”, noted the bench, adding that the report submitted by the amicus will be extremely helpful for the CBI to take the ongoing investigation to a logical conclusion.

"We therefore impress upon the amicus to handover a soft copy of the report to the ASG representing the CBI for further information and necessary action”, said the bench.

The bench also asked petitioners’ advocates and intervenors to furnish complete details of the loans taken, instalments paid (if any) within one week.