Delhi High Court - Orders
Vian Infrastructure Limited (In Liqn) vs Sanjeev Malhotra on 17 March, 2025
$~CO.3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CCP(CO.) 6/2024
VIAN INFRASTRUCTURE LIMITED (IN LIQN).....Petitioner
Through: Ms. Ruchi Sindhwani, Sr. Standing
Counsel with Ms. Megha Bharara,
Adv.
versus
SANJEEV MALHOTRA .....Respondent
Through: Mr. Shubham Shekhar, Adv.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 17.03.2025
1. The present Contempt Petition has been filed on behalf of the Official Liquidator [hereinafter referred to as "OL"] inter-alia seeking the following prayers:
"i) The Contemnor Mr. Sanjeev Malhotra may please be held guilty and punished for the act of wilful disobedience of the orders dated 08.02.2024 and 09.05.2024 of this Hon'ble Court in terms of the Contempt of Courts Act, 1971;
ii) The properties of the Contemnor found guilty of disobedience of orders dated 08.02.2024 and 09.05.2024 may kindly be attached;
iii) The Hon'ble Court may order the arrest and detention of the Contemnor Mr. Sanjeev Malhotra under the provisions of Section 12 (1) of the Act;"
2. The record reflects that Notice in the present Petition was issued by the Court on 18.09.2024 when the learned Counsel for the Contemnor sought time to file Reply. Despite the lapse of more than six months, no Reply has been filed.
3. Learned Counsel for the Contemnor requests for further opportunity. The same is opposed by the learned Counsel for the OL.
4. Learned Counsel for the OL submits that the order dated 08.02.2024 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 23:28:13 passed by a Coordinate Bench of this Court had directed that the refund of an amount of Rs. 20,08,40,000/- that was received by the Contemnor (who is an Ex-Director of the company in liquidation) from the company in liquidation along with interest thereon be deposited with the office of the OL. The relevant extract of the order dated 08.02.2024 is set out below:
"18. Unhesitatingly, I find merit in the submissions advanced on behalf of the Official Liquidator that even assuming that Mr. Sanjeev Malhotra had executed sale deeds or agreement to sell, as the case may be, on instructions of the company, what has not been explained is that only 35 bighas of land were purchased for a paltry sum of about Rs. Two crores only and the remaining amount out of Rs. 20,08,40,000/- has not been accounted for. It was pointed out that the bank account of Mr. Sanjeev Malhotra is lying frozen by the Economic Offences Wing but there is hardly any amount left therein, and infact Mr. Sanjeev Malhotra stated that he has been left with Rs. 10,000/- only. The said defence is not palatable. A careful perusal of the statement of Mr. Sanjeev Malhotra recorded in the Court would make it evident that the entire mess has been created by him, not only thereby siphoning the amount of the respondent company (in liquidation) but also in the process jeopardising third party rights. The primary responsibility for the entire sordid state of affairs lies on the shoulders of the Mr. Sanjeev Malhotra, who after buying the properties in his name not only failed to transfer the title in favour of the company (in liquidation) but apparently has created third party rights leaving everyone high and dry.
19. In view of the foregoing discussion, in terms of Section 446(2) (b) of the Companies Act, 1956 Mr. Sanjeev Malhotra is directed to refund the amount of Rs. 20,08,40,0001- received by him from the company (in liquidation) with interest at 9% per annum w.e.f. 25.04.2012 (the date when Official Liquidator was appointed) till date, to the Official Liquidator within four weeks from today failing which this Court shall initiate appropriate coercive measures to execute this order.
20. It is made clear that aforesaid deposit shall be without prejudice to the legal rights of Mr. Sanjeev Malhotra to lay any claim over the properties in the land bought by him in his own name, for which he may submit his claim before the Official Liquidator."
5. Learned Counsel for the OL further draws the attention of the Court to the order dated 09.05.2024 passed by a Coordinate Bench of this Court to submit that after the order dated 08.02.2024 was passed, the ex-
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 23:28:13 directors/contemnor filed two Applications for modification of the said order being CO. APPL.473/2024 and CO. APPL.474/2024. It is contended that the ex-director/contemnor had on that date requested for additional time of 12 weeks to make the payment in terms of the order dated 08.02.2024. however, even thereafter, the said payment was not made. 5.1 Learned Counsel for the OL further contends that a Coordinate Bench of this Court heard these Applications and directed that there were no justifiable grounds to allow extension of time to deposit the said amount. Reliance is placed on the relevant extract of the order dated 09.05.2024 which is set out below:
"10. These applications have been moved on behalf of the applicant - Sh. Sanjeev Malhotra, seeking modification of order dated 08.02.2024, whereby he was directed to refund the amount of Rs, 20,08,4001- received by him from the company (in liquidation) with the interest @ 9% p.a. w.e.f. 25.04.2012 till date besides seeking extension of time to deposit the said amount.
11. Let copies of the present applications be supplied to learned Senior Standing Counsel for the Official Liquidator.
12. Learned counsel for the applicant requests for 12 weeks time to make payment in terms of the aforesaid order."
6. Learned Counsel for the OL further submits that so far as concerns the aspect of the matter on merits, the fact that the amount of Rs. 20,08,40,000/- was made available to the Contemnor by the Company is not disputed. Reliance is placed on the certificate issued by Axis Bank dated 13.02.2010 showing the transfer of this amount in two tranches i.e., Rs. 15,37,40,000/- between the period 13.09.2006 to 13.02.2010 and Rs. 4,71,00,000/- between the period 08.12.2006 to 13.02.2010.
6.1 In addition, reliance is also placed by the learned Counsel for the OL on the statement recorded before the Court on this aspect which also forms This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 23:28:14 part of the order dated 08.02.2024. The relevant extract of the statement of the ex-director/contemnor is set out below:
"...
Ques: Why did you hand over agreements to sell which have not fructified into the registered sale deed?
Ans: The Company was supposed to give me around Rs.43 Crores to complete the project. They gave me around Rs.20 Crores not in one go but after checking and verifying every single document.
Ques: Can you tell me in how many instalments you received these Rs.20 Crores?
Ans: Rs.20 Crores were handed over to me through a number of transactions and through cheques. I do not have the record at the moment to indicate as to in how many instalments the money was received by me. The details of such transactions have already been placed by me on the record.
...
Ques: You have purchased 137 Bighas of land. As per your affidavit and the MOU, you have transferred it in the name of the Company at Rs. 8,60,0001- per Bigha. Is it correct?
Ans: Yes.
Ques: Therefore, out of Rs 20 Crores that you received from the Company, you spent Rs. 11 Crores in the purchase of this property.
Ans: Again we have to focus on the MOD and we had to purchase500 Bighas of land at the rate of Rs. 8,60,0001- You are only calculating 137 Bighas but if yoni calculate 500 Bighas, the company was supposed to give me 43 Crores and then only this project's average would come to Rs.8,60,0001-. If you are going for less land then the average will be on the higher side.
Ques: Do you have any copies of the registered sale deeds?
Ans. I have already put that on the Official Liquidator's office record. The photocopies of the record which I had, I had already supplied them. I have given them in the CD, with complete details.
..."
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 23:28:14
7. Learned Counsel for the OL thus, submits that given the admitted position of the case, the Contemnor is clearly in wilful disobedience of the orders passed by this Court.
8. An examination of the order dated 08.02.2024 and 09.05.2024 along with documents filed by the OL and referred to above, show that prima facie, the ex-director/contemnor, Mr. Sanjeev Malhotra is in wilful disobedience of the orders passed by this Court. Accordingly, issue Notice to show cause as to why proceedings of contempt be not initiated against the ex-director/contemnor, Mr. Sanjeev Malhotra by the Court.
9. The Contemnor shall remain physically present before the Court on the next date of hearing.
10. List on 24.04.2025.
11. The parties will act based on the digitally signed copy of the order.
TARA VITASTA GANJU, J MARCH 17, 2025/r Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 23:28:14