Supreme Court - Daily Orders
Delhi Development Authority vs Skipper Construction on 17 September, 2014
Bench: H.L. Dattu, S.A. Bobde
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ITEM NO.802 COURT NO.2 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.No.201 in
Petition(s) for Special Leave to Appeal (C) No(s). 21000/1993
DELHI DEVELOPMENT AUTHORITY Petitioner(s)
VERSUS
SKIPPER CONSTRUCTION AND ANR Respondent(s)
Date : 17/09/2014 This appln. was mentioned today.
CORAM :
HON'BLE MR. JUSTICE H.L. DATTU
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s)
Ms. Kamini Jaiswal,Adv.
For Respondent(s)/ Mr.Rajendra Singhvi, Adv.
applicant(s) for Mr.Bharat Bhushan, Adv.
UPON hearing the counsel the Court made the following
O R D E R
List the I.A. on 19th September, 2014.
(G.V.Ramana) (Vinod Kulvi)
Court Master Asstt.Registrar
(Listing proforma enclosed)
Signature Not Verified
Digitally signed by
Ramana Venkata Ganti
Date: 2014.09.22
13:02:31 IST
Reason:
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ITEM NO.MM COURT NO.2 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 21000/1993
DELHI DEVELOPMENT AUTHORITY Petitioner(s)
VERSUS
SKIPPER CONSTRUCTION AND ANR Respondent(s)
WITH T.C.(C) No. 113/2006
(With Office Report)
Date : 17/09/2014 This petition/case were mentioned today. CORAM :
HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Ms. Kamini Jaiswal,Adv. For Respondent(s) Mr.Basava Prabhu Patil, Sr.Adv.
Mr.Rajendra Singhvi, Adv.
Mr.K.K.L.Gautam, Adv.
For Mr. Brij Bhusan,Adv.
UPON hearing the counsel the Court made the following O R D E R In the signed order dated September 03, 2014 passed in Transferred Case No.113 of 2006, the words “Ex-Director Sardar Tejwant Singh” may be read, instead of “respondent-company” appearing at paras 4 to 9 of the order.
(G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar
(N.B. : Accordingly, corrected Signed order placed below) 3 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE NO.113 OF 2006 (@ I.A.NO.140 IN S.L.P. (C) NO.21000 OF 1993) B.P.S.MANGET AND ANR. ... PETITIONER(S) VERSUS M/S.SKIPPER TOWERS (P) LTD. ... RESPONDENT(S) O R D E R
1. The petitioners had filed Company Petition No.96/97, under Section 433(e) of the Companies Act, 1956 (for short, “the Act”), inter alia, requesting the Court to wind up the respondent company - M/s.Skipper Towers (P) Ltd., on the ground that the said company was unable to discharge its debts due to the petitioners. The petitioners had stated in the said Company Petition that the respondent-company owed them a sum of Rs.2,76,000/-
(Rupees Two Lakh and Seventy Six Thousand only), with interest and that the same had not been paid despite the service of statutory notice(s).
2. The learned Company Judge being of the opinion that it would be just and equitable to wind up the respondent-company had passed an order dated 02.09.2004 4 winding up of the respondent-company and for the appointment of an Official Liquidator. Be that as it may.
3. By an order passed by this Court in Special Leave Petition (Civil) No. 21000 of 1993, dated 07.08.2006, it was agreed by the learned counsel for the parties that it would be in the interest of all concerned if the said Company Petition No.96/97 along with all other Company Applications pending before the High Court were transferred to this Court. Therefore, the aforesaid Company Petition No.96/97 along with all other company applications pending before the High Court had been transferred to this Court. This Court by its order dated 03.02.2014 had directed the office of the Claims Commissioner, which was setup to settle the claims of the genuine creditors/claimants in regard to the Skipper Group, to be wound up. By the said order dated 03.02.2014, the corpuses setup to satisfy the aforesaid claims which were lying with the Claims Commissioner so ordered to be wound up, were transferred to the Registry of this Court.
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4. Pursuant to the letter received from the Admn. Officer Judl. (Co), Delhi High Court on 02.09.2014, this Court is informed that the Ex-Director Sardar Tejwant Singh had deposited a sum of Rs.2,00,00,000/- (Rupees Two Crores only) with the High Court of Delhi. The said amount is stated to be deposited in a fixed deposit with UCO Bank, Delhi High Court Branch. As of today, the amount lying in the F.D.R. is Rs.3,79,86,776/- (Rupees Three Crores Seventy Nine Lakhs Eighty Six Thousand Seven Hundred and Seventy Six only).
5. In view of the above, we direct the Registry of the High Court of Delhi to release the said amount in favour of the Ex-Director Sardar Tejwant Singh, who had deposited the aforesaid amount, as expeditiously as possible, at any rate, within 15 days' time from the date of receipt of this Court’s order.
6. Shri Amarjit Singh Bedi, learned counsel for the petitioners submits that the Ex-Director Sardar Tejwant Singh was due to pay a sum of Rs.2,76,000/- (Rupees Two Lakh and Seventy Six Thousand only) to the petitioners from the date of filing of the Company Petition. 6 Therefore, a request is made by the learned counsel for the petitioner, that the aforesaid amount, along with interest, may be directed to be paid to them by the Ex-Director Sardar Tejwant Singh.
7. Shri Basava Prabhu Patil, learned senior counsel appearing for the Ex-Director Sardar Tejwant Singh, though has some reservations, would accept the request so made by learned counsel for the petitioners.
8. In view of the above, we direct the Ex-Director Sardar Tejwant Singh to pay a sum of Rs.4,00,000/- (Rupees Four Lakh only) to the learned counsel for the petitioners in full and final settlement of all the claims, within four weeks' time from today.
9. Shri Basava Prabhu Patil, learned counsel for the Ex-Director Sardar Tejwant Singh, on instructions, submits that his clients would not be pursuing the petition filed under Section 391 of the Act before the High Court. Since the present Transferred Case arises out of the said petition so filed, the said Transfer Case No.113 of 2006 is disposed of as having become unnecessary.
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10. We make it clear that this order shall not be treated as precedent in any other case.
Ordered accordingly.
...................J. (H.L. DATTU) ...................J. (ABHAY MANOHAR SAPRE) NEW DELHI;
SEPTEMBER 03, 2014.