Supreme Court - Daily Orders
Bikram Chatterji vs Union Of India on 23 November, 2020
Bench: Uday Umesh Lalit, Ashok Bhushan
1
ITEM NO.301 COURT NO.4 SECTION X
(HEARING THROUGH VIDEO CONFERENCING)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Civil) No.940/2017
BIKRAM CHATTERJI & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
WITH
(The matters pertaining to (i) Surekha Family and CFO Chander
Wadhwa; IA No.74385/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.50370/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.67992/2020
– FOR PERMISSION; IA No.108703/2020 – FOR PERMISSION; IA
No.108681/2020 – FOR PERMISSION; IA No.110402/2020 – FOR TAKING ON
RECORD; IA No.110027/2020 – FOR TAKING ON RECORD; IA No.100367/2020
– FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.109440/2020 – FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.94047/2020 - FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.109907/2020 – FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.90985/2020 - FOR APPROPRIATE ORDERS/
DIRECTIONS; IA No.99886/2020 – FOR APPROPRIATE ORDERS/ DIRECTIONS;
IA No.109401/2020 – FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.1023/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.112929/2020
– FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.109599/2020 – FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.111395/2020 – FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.74385/2020 – FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.180011/2019 – FOR
CLARIFICATION/DIRECTIONS; IA No.180011/2019 – FOR CLARIFICATION/
DIRECTIONS; IA No.114869/2020 – FOR CLARIFICATION/DIRECTION; IA
No.114496/2019 - FOR CLARIFICATION/ DIRECTION; IA No.89379/2020 –
FOR CLARIFICATION/DIRECTION; IA No.96598/2020 – FOR
CLARIFICATION/DIRECTION; IA No.95273/2018 – FOR CLARIFICATION/
DIRECTION; IA No.95831/2020 – FOR CLARIFICATION/DIRECTION; IA
No.109576/2020 – FOR CLARIFICATION/DIRECTION; IA No.189314/2019 –
FOR COMPLIANCE OF COURT’S ORDER; IA No.94049/2020 - FOR EXEMPTION
FROM FILING AFFIDAVIT; IA No.89380/2020 - FOR EXEMPTION FROM FILING
O.T.; IA No.95828/2020 – FOR INTERVENTION; IA No.100361/2020 – FOR
INTERVENTION; IA No.109438/2020 – FOR INTERVENTION; IA
No.109903/2020 – FOR INTERVENTION; IA No.109397/2020 – FOR
INTERVENTION; IA No.109882/2020 – FOR INTERVENTION; IA
No.114490/2019
Signature Not Verified
– FOR INTERVENTION; IA No.8259/2019 - FOR
INTERVENTION APPLICATION; IA No.111393/2020 – FOR INTERVENTION; IA
Digitally signed by Dr.
Mukesh Nasa
Date: 2020.11.25
No.111314/2020 – FOR INTERVENTION; IA No.109573/2020 – FOR
16:53:33 IST
Reason:
INTERVENTION; IA No.3573/2020 – FOR INTERVENTION/IMPLEADMENT; IA
No.99884/2020 – FOR INTERVENTION/IMPLEADMENT; IA No.109596/2020 –
FOR INTERVENTION/IMPLEADMENT; IA No.182077/2019 – FOR MODIFICATION;
I?A No.182673/2019 – FOR MODIFICATION; IA No.182079/2019 - FOR
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MODIFICATION; IA No.99854/2020 – FOR MODIFICATION OF COURT ORDER;
IA No.77651/2020 – FOR MODIFICATION OF COURT ORDER; IA
No.60700/2020 - FOR PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES; IA No.108670/2020 – FOR RECALLING THE
COURT’S ORDER; IA No.127793/2019 - FOR RECALLING THE COURTS ORDER;
IA No.127787/2019 - FOR RECALLING THE COURTS ORDER; and IA
No.108696/2020 – FOR RECALLING THE COURT’S ORDER)
SMC (Crl) No.4/2018 (XVII)
W.P.(C) No.378/2018 (X)
W.P.(C) No.245/2018 (X)
W.P.(C) No.306/2018 (X)
SLP(C) No.1879/2018 (XVII)
Diary No.36392/2019 (X)
CONMT. PET.(C) No.483/2020 in W.P.(C) No.940/2017 (X)
W.P.(C) No.298/2018 (X)
W.P.(C) No.288/2018 (X)
(IA No.84512/2020 – FOR APPROPRIATE ORDERS/DIRECTIONS)
W.P.(C) No.1397/2018 (X)
W.P.(C) No.502/2019 (X)
W.P.(C) No.226/2018 (X)
W.P.(C) No.267/2018 (X)
(IA No.88108/2018 – FOR APPROPRIATE ORDERS/DIRECTIONS)
W.P.(C) No.199/2018 (X)
W.P.(C) No.246/2018 (X)
W.P.(C) No.353/2018 (X)
W.P.(C) No.829/2018 (X)
W.P.(C) No.742/2018 (X)
W.P.(C) No.460/2018 (X)
W.P.(C) No.1018/2017 (X)
W.P.(C) No.134/2018 (X)
W.P.(C) No.131/2018 (X)
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W.P.(C) No.164/2018 (X)
W.P.(C) No.1206/2017 (X)
W.P.(C) No.281/2018 (X)
W.P.(C) No.1116/2017 (X)
W.P.(C) No.1156/2017 (X)
W.P.(C) No.1144/2017 (X)
W.P.(C) No.1041/2017 (X)
W.P.(C) No.971/2017 (X)
W.P.(C) No.947/2017 (X)
W.P.(C) No.74/2018 (X)
W.P.(C) No.56/2018 (X)
W.P.(C) No.182/2018 (X)
W.P.(C) No.8/2018 (X)
W.P.(C) No.91/2018 (X)
W.P.(C) No.160/2018 (X)
(IA No.87533/2020 – FOR EXEMPTION FROM FILING AFFIDAVIT; and, IA
No.87532/2020 – FOR MODIFICATION OF COURT ORDER)
W.P.(C) No.21/2018 (X)
W.P.(C) No.58/2018 (X)
W.P.(C) No.942/2017 (PIL-W)
W.P.(C) No.1242/2017 (X)
W.P.(C) No.52/2018 (X)
W.P.(C) No.57/2018 (X)
W.P. (C) No.1209/2020 (X)
(FOR ADMISSION; and, IA No.105970/2020 – FOR CLARIFICATION/
DIRECTION)
SLP (C) No.5459/2016 (IV-B)
4
SLP (C) No.5473/2016 (IV-B)
(IA No.95779/2020 – FOR CLARIFICATION/DIRECTION)
SLP (C) No.5891/2016 (IV-B)
SLP (C) No.5802/2016 (IV-B)
SLP (C) No.5792/2016 (IV-B)
SLP (C) No.5811/2016 (IV-B)
SLP (C) No.6037/2016 (IV-B)
SLP (C) No.5819/2016 (IV-B)
SLP (C) No.5878/2016 (IV-B)
SLP (C) No.5808/2016 (IV-B)
SLP (C) No.6087/2016 (IV-B)
SLP (C) No.6447/2016 (IV-B)
SLP (C) No.6429/2016 (IV-B)
SLP (C) No.6339/2016 (IV-B)
SLP (C) No.6331/2016 (IV-B)
(IA No.94000/2018 – FOR DIRECTION)
SLP (C) No.6431/2016 (IV-B)
SLP (C) No.10465/2016 (IV-B)
SLP (C) No.10200/2016 (IV-B)
SLP (C) No.10615/2016 (IV-B)
SLP (C) No.8710/2016 (IV-B)
SLP (C) No.12015/2016 (IV-B)
SLP (C) No.17082/2016 (IV-B)
SLP (C) No.17598/2016 (IV-B)
WP (C) No.1057/2020 (X)
(FOR ADMISSION; and, IA No.92089/2020 – FOR STAY)
WP (C) No.1097/2020 (X)
5
Date : 23-11-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE ASHOK BHUSHAN
Counsel for the Parties:
Mr. R. Venkataramani,
Senior Advocate (Court Receiver)
Mr. Pavan Aggarwal, Forensic Auditor
Mr. Ravinder Bhatia,Forensic Auditor
Mr. Ravindra Kumar, AOR
Mr. M. L. Lahoty, Adv.
Mr. Paban K Sharma, Adv.
Mr. Anchit Sripat, Adv.
Mr. Himanshu Shekhar, AOR
Mr. Manoj Singh, Adv.
Mr. Subas Ray, Adv.
Mr. Sanjay Kumar Visen, AOR
Mr. Krishnan Venugopal, Sr. Adv.
Mr. Vishal Gupta, AOR
Mr. Divyanshu Gupta, Adv.
Mr. P.S. Narasimha, Sr. Adv.
Mr. Prashant Shukla, Adv.
Ms. Bansuri Swaraj, Adv.
Mr. Aurdendhu M. Prasad, Adv.
Mr. Abhinav Ramkrishna, AOR
Mr. Kavin Gulati, Sr. Adv.
Mr. Amit Bhandari, Adv.
Ms. Anubha Agrawal, AOR
Mr. V. Shekhar, Sr. Adv.
Mr. Abhigya Kushwah, AOR
Ms. Sheetal Rajput, Adv.
Ms. Sunita Yadav, Adv.
Mr. Pradeep Kumar Dubey, Adv.
Mr. Siddharth Rajkumar Murarka, Adv.
Ms. Anamika Kushwaha, Adv.
Ms. Nandita Rao, Adv.
Ms. Mahija Reddy,Adv.
Mr. K.N. Agnihotri, Adv.
Mr. Virender Arora, Adv.
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Mr. Vikramjit Banerjee, ASG
Mr. Mukul Singh, Adv.
Mr. Vikrant Yadav, Adv.
Mr. Vibhu Shankar Mishra, Adv.
Mr. R. Rajesh, Adv.
Mr. Raj Bahadur Yadav, Adv.
Mr. Vikramjit Banerjee, ASG
Mr. Vibhu Shanker Mishra Adv
Mr. Mukul Singh Adv
Mr. B.V. Balaram Das, AOR
Mr. Sanjay Jain, ASG
Mr. Vikramjit Banerjee, ASG
Mr. Prashant Singh,Adv.
Mr. Mukul Singh, Adv.
Mr. B.V. Balram Das, Adv.
Mr. B.K. Prasad, Adv.
Mr. Vikramjit Banerjee, ASG
Ms. V. Mohana, Sr. Adv.
Mr. Mukul Singh Adv
Mr. Prashant Singh, Adv.
Ms. Anil Katiyar, AOR
Mr. V.K. Shukla, Sr. Adv.
Mr. Shekhar G. Devasa, Av.
Mr. Rohit Pandey, Adv.
Mr. Manish Tiwari, Adv.
Mr. Luv Kumar, Adv.
Mr. Varad Dwivedi, Adv.
Ms. Sukriti Chauhan, Adv.
Mr. Vaishali Singh, Adv.
Mr. Ayush Kumar, Adv.
Ms. Silvia, Adv.
M/s. Devasa & Co., AOR
Mr. Mukul Rohatgi, Sr. Adv.
Ms. Kanika Agnihotri, Adv.
Mr. Amer Vaid, Adv.
Ms. Yashodhara Gupta, Adv.
Mr. Gaurav Vaid, Adv.
Ms. Niharika Ahluwalia, AOR
Mr. Sanjay Hegde, Sr. Adv.
Mr. Aditya Jain, AOR
Mr. Brijender Chahar, Sr. Adv.
Mr. Aditya Jain, AOR
7
Mr. Gudipati G. Kashyap, Adv.
Ms. T. Archana, AOR
Mr. Jamnesh Kumar, Adv.
Mr. Himanshu Shekhar, AOR
Mr. Niraj Gupta, AOR
Md. Fuzail Khan, Adv.
Mr. Anshu Gupta,Adv.
Mr. Piyush Beriwal, Adv.
Mr. Ankit Rai, Adv.
Mr. Surender Kumar Gupta, Adv,
Mr. Keshav Mohan, Adv
Mr. R.K Awasthi, Adv
Mr. Prashant Kumar, Advocate
Mr. Piyush Vatsa, Adv.
Ms. Ritu Arora, Adv.
Mr. Santosh Kumar–I, AOR
Mr. Senthil Jagadeesan, AOR
Ms. Sonakshi Malhan, Adv.
Ms. Mrinal Kanwar, Adv.
Ms. Suriti Choudhary, Adv.
Mr. Alok Sangwan, AAG
Dr. Monika Gusain, AOR
Mr. Saurabh Mishra, Adv.
Ms. Bishwajit Dubey, Adv.
Ms. Srideepa Bhattacharyya, Adv.
Ms. Sanskriti Sidana, Adv.
for Cyril Amarchand Mangaldas, AOR
Mr. Arpit Rai, Adv
Mr. Aviral Kashyap, AOR
Mr. Sanjeev Prakash Upadhyaya, Adv.
Ms. Vimal Sinha,Adv.
Mr. Ramesh Babu M. R., AOR
Ms. Manisha Singh, Adv.
Ms. Nisha Sharma, Adv.
Mr. Pradhuman Gohil, Adv.
Ms. Taruna Singh Gohil, AoR
Ms. Ranu Purohit, Adv.
Ms. Riya Chopra, Adv.
Ms. Tanya Srivastava, Adv.
Ms. Jasleen Bindra, Adv.
8
Mr. Divyakant Lahoti, AOR
Mr. Parikshit Ahuja, Adv.
Ms. Praveena Bisht, Adv.
Ms. Vindhya Mehra, Adv.
Ms. Madhur Jhavar, Adv.
Mr. Kartik Lahoti, Adv.
Mr. Rahul Maheshwari, Adv.
Mr. Jaigopal Saboo, Adv.
Mr. Kaushal Yadav, AOR
Dr. Sanjay Gupta, Adv.
Mr. Nandlal Kumar Mishra, Adv.
Ms. Ankita Agarwal, Adv.
Mr. Sandeep Mishra, Adv.
Ms. Yashoda Katiyar, Adv.
Ms. Kritiya Pandey, Adv.
Ms. Akansha Rai, Adv.
Ms. Apeksha Rai, Adv.
Ms. Shweta Yadav, Adv.
Mr. Pramod Kumar, Adv.
Dr. Ajay Kumar, Adv.
Ms. Purti Marwaha, Adv.
Ms. Twisha Issar, Adv.
Mr. Ravindra Sadanand Chingale, AOR
Mr. Rajesh P., AOR
Mr. Rahul Malhotra, Adv.
Ms. Himanshi Madan, Adv.
M/s. Karanjawala & Co., AOR
Mr. Pravin Bahadur, Adv.
Mr. Davesh Bhatia, Adv.
Mr. Alabhya Dhamija, Adv.
Ms. Damini Bisht, Adv.
Mr. A.C. Mishra, Adv.
Ms. Nipun Sharma, Adv.
for ACM Legal, AOR
Mr. Devendra Kumar Singh, Adv.
Mr. Karunakar Mahalik, AOR
Mr. Saket Singh, Adv.
Ms. Niranjana Singh, AOR
Ms. Garima Prashad, AOR
Mr. Abhitosh Pratap Singh, Adv.
Mr. Pradeep Misra, AOR
Mr. Suraj Singh, Adv.
9
Mr. Sanjay Kapur, AOR
Ms. Megha Karnwal, Adv.
Mr. Ankur Chawla, Adv.
Mr. Rahul Pratap, AOR
Ms. Richa Kapoor, AOR
Mr. Kunal Anand, Adv.
Ms. Suman Tripathy, Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Himanshu Munshi, Adv.
Mr. Ambhoj Kumar Sinha, AOR
Mr. Yudhist Narain Singh, Adv.
Mr. Rajat Mittal, AOR
Mr. Hemant Saini, Adv.
Mr. Alok Gupta, AOR
Mr. Rohit Kumar Singh, AOR
Mr. Shubham V. Gawande, Adv.
Mr. Raj Kamal, AOR
Mr. DK Sharma, Adv.
Mr. Apoorv Chandra Saxena, Adv.
Mr. Maheen Pradhan, Adv.
Mr. Aseem Atwal, Adv.
Mr. Kartavya Batra, Adv.
Mr. Jasmeet Singh, AOR
Mr. Ketan Gaur, Adv.
Mr. Ayush Mitruka, Adv.
Mr. Ashish Bhan, Adv.
Mr. Saif Ali, Adv.
Mr. Pushpendra S. Bhadoriya, Adv.
Ms. Rusheet Saluja, Adv.
Mr. Mohit Chaudhary, Adv.
Ms. Puja Sharma, Adv.
Kings & Alliance LLP, AOR
Mr. Kunal Sachdeva, Adv.
Mr. Shyam Singh Yadav, Adv.
Mr. Imran Ali, Adv.
Mr. Balwinder Singh Suri, Adv.
Ms. Garima Sharma, Adv.
Mr. Parveen Kumar, Adv.
10
Ms. Sukriti Chauhan,Adv.
Mr. Ayush Kumar,Adv.
Ms. Manju Jetley,AOR
Ms. Shuchi Singh, Adv.
Mr. Krishna Kant Dubey, Adv
Mr. Sanjay Kumar Dubey, AOR
Mr. Rakesh Kumar Tewari, Adv.
Mr. Kanak Bose, Adv
Mr. Varun Sarin, Adv
Mr. Ashok Mathur, AOR
Ms. Astha Sharma, AOR
Mr. Sahil Sethi,Adv.
Mr. Shivam Shrama,Adv.
Ms. Mantika Haryani, Adv.
Mr. Prakash Kumar Singh, AOR
Dr. Brij Bhushan K. Jauhari, Adv.
Ms. Purnima Jauhari, Adv,
Mr. Harsh Mahan , Adv.
Mr. O.P. Singh, Adv.
Mr. Ashok Kumar Singh, Adv.
Mr. Vikram Jain, Adv.
Ms. Pragya Singh, Adv.
Mr. Shantwanu Singh, AOR
Mr. Shubham Bhalla, AOR
Mr. Yajur Bhalla, Adv.
Mr. Deepak Samota, Adv.
Mr. Vijay Kumar Diwedi, Adv.
Mr. Sandeep Jha, Adv.
Mr. Ram Ekbal Roy, Adv.
Ms. Priyanka Das, Adv.
Ms. Neha Das, Adv.
Mr. Binay Kumar Das, AOR
Mr. Ranjan Kumar Pandey, AOR
Mr. Sandeep Bisht, Advocate
Mr. Anuj Tiwari, Advocate
Mr. Shikhar Shrivastava, Advocate
Mr. Rabin Majumder, AOR
Ms. Akansha Srivastava, Adv.
Mr. Joydeep Mukherjee, Adv.
Mr. Nand Ram, Adv.
11
Mr. P.B.A. Srinivasan, Adv.
Mr. Aman Gupta AOR
Mr. Avinash Mohopatra, Adv.
Mr. Parth D. Tandon, Adv.
Ms. Ichchha Kalash, Adv.
Mr. Dheeraj Nair, AOR
Mr. Kumar Kislay, Advocate
Ms. Vishrutyi Sahni, Advocate
Mr. S.L. Gupta, Adv.
Mr. Asutosh Sharma, Adv.
Mr. Gunjan Sharma, Adv.
Mr. Varinder Kumar Sharma, AOR
Mr. Arvind Gupta, AOR
Mr. Pran Krishna Jana, Adv.
Mr. Binod Kumar Singh, Adv.
Mr. Shiv Kumar Pandey, Adv.
Mr. Chandrashekhar A. Chakalabbi, Adv.
Mr. Awanish Kumar, Adv.
Mr. Anshul Rai, Adv.
M/s. Dharmaprabhas Law Associates, AOR
Ms. Arti Singh, AOR
Mr. Aakashdeep Singh Roda, Adv.
Mr. Basant Pal Singh, Adv.
Mr. Alok Kumar Sharma, Adv.
Mr. Naresh Kumar, AOR
Ms. Prerna Mehta, AOR
Mr. Naresh Aditya Madhav, Adv.
Mr. Amit Kumar, Adv.
Mr. Avijit Mani Tripathi, AOR
Mr. Avneesh Arputham, AOR
Ms. Anuradha Arputham,Adv.
Mr. Sanjoy Kumar Ghosh, Advocate
Ms. Rupali Samanta Ghosh, AOR
Mr. Chandra Prakash, AOR
Mr. Rahil Sharan, Adv.
Ms. Sakshi Banga, Advocate
Mr. Anas Tanwir, AoR
12
Mr. Harish Pandey, AOR
Mr. Alok Kumar Pandey, Adv.
Ms. Richa Kapoor, AOR
Mr. Shalya Agarwal, Adv.
Ms. Indrani Mukherjee, Adv
Ms. Tatini Basu, AOR
Mr. Deepali Dwivedi, Adv.
Mr. Fuzail Ahmad Ayyubi, AOR
Ms. Shobha Gupta, AOR
Ms. Prachi Apte, Adv.
Ms. E. R. Sumathy, AOR
Ms. Savita Aggarwal, Adv.
Mr. Pramod Dayal, AOR
Mr. Nikunj Dayal, Adv.
Mr. Talha A Rahman, AOR
Mr. Pawan Bhushan, Adv.
Ms. Taherabi Kalebudde, Adv.
Mr. Abdul Azeem Kalebudde, AOR
Mr. Janender Kumar Chumbak, Adv.
Ms. Amita Singh Kalkal, AOR
Mr. Abraham Thomas, Adv.
Mohd. Sadique T.A., AOR
Ms. Rakhi Ray, AOR
Mr. Badri Prasad Singh, AOR
Mr. Anil Kumar Mishra-I, AOR
Mr. Anuj Bhandari, AOR
Mr. Gautam Das, AOR
Mr. Amit Pawan, AOR
Mr. Abhishek Agarwal AOR
Mr. Umesh Kr. Khaitan, AOR
Mr. Ram Lal Roy, AOR
13
Mr. Tahir Ashraf Siddiqui, AOR
Ms. Kirti R. Mishra, AOR
Mr. B.K. Satija, AOR
Mr. Siddharth Jaiprakash, AOR
Mr. Anand Varma, AOR
Mr. E.C. Vidyasagar, AOR
Mr. Gaurav Goel, AOR
Ms. Hima Lawrence, AOR
Mr. Satish Pandey AOR
Mr. Shovan Mishra, AOR
Mr. Braj Kishore Mishra, AOR
Mr. Shardul Shroff, AOR
Ms. Anisha Upadhyay, AOR
Mr. Aniruddha P. Mayee, AOR
Mr. Vivek Narayan Sharma, AOR
Mr. Balraj Dewan, AOR
Mr. Rohit Amit Sthalekar, AOR
Mr. Manish Kumar Saran,AOR
Mr. Abhimanue Shrestha, AOR
Mr. Anis Ahmed Khan AOR
Ms. Mayuri Raghuvanshi, AOR
Mr. Chandan Kumar, AOR
Mr. Kailash Prashad Pandey, AOR
Mr. Shadan Farasat, AOR
Mr. Gopal Jha, AOR
14
Mr. A. P. Mohanty, AOR
Mr. G. Balaji, AOR
Ms. Jasmine Damkewala, AOR
Ms. Sangeeta Singh, AOR
Mr. Sayaree Basu Mallik, AOR
Mr. Prithvi Pal, AOR
Ms. Pallavi Pratap, AOR
Mr. Akhilesh Kumar Pandey, AOR
Ms. Rakhi Ray, AOR
Mr. Badri Prasad Singh, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mr. Balaji Srinivasan, AOR
Mr. Rajesh Kumar Gupta, AOR
Mr. Mukesh Kumar Maroria, AOR
Mr. Himanshu Tyagi, AOR
Mr. Sukant Vikram, AOR
Ms. Swarupama Chaturvedi, AOR
Mr. Joby P. Varghese, AOR
Ms. Gargi Khanna, AOR
Mr. Roopansh Purohit, AOR
Mr. Christopher Dsouza, AOR
Mr. E. C. Vidya Sagar, AOR
Ms. Lalita Kaushik, AOR
Mr. Shishir Pinaki, AOR
Mr. Sarvam Ritam Khare, AOR
15
Mr. Sudhansu Palo, AOR
Mr. Sunny Choudhary, AOR
Ms. Chandan Ramamurthi, AOR
M/s. D.S.K. Legal, AOR
Mr. S. K. Verma, AOR
Mr. Kumar Dushyant Singh, AOR
Ms. Dharitry Phookan, AOR
Mr. Arun K. Sinha, AOR
Mr. Ritesh Agrawal, AOR
Mr. Kedar Nath Tripathy, AOR
Mr. Abhijit Sengupta, AOR
Mr. Arup Banerjee, AOR
Ms. Usha Nandini V, AOR
Ms. Mridula Ray Bharadwaj, AOR
Mr. Annam D. N. Rao, AOR
Ms. Shalu Sharma, AOR
Mr. Somesh Chandra Jha, AOR
Ms. Suruchii Aggarwal, AOR
Mr. Ejaz Maqbool, AOR
Mr. Vishnu Sharma, AOR
Mr. Satyajeet Kumar, AOR
Mr. Syed Mehdi Imam, AOR
Mr. Prakash Ranjan Nayak, AOR
Ms. Bharti Tyagi, AOR
16
Ms. Anindita Pujari, AOR
Mr. Sibo Sankar Mishra, AOR
Mr. Shakil Ahmed Syed, AOR
Mr. G. N. Reddy, AOR
Mr. Kaushik Choudhury, AOR
Mr. Abhinav Shrivastava, AOR
Mr. Aakarshan Aditya, AOR
Mr. Mushtaq Ahmad, AOR
Mr. Shree Pal Singh, AOR
Mr. Malak Manish Bhatt, AOR
Mr. Udita Singh, AOR
Mr. Dhananjay Garg, AOR
Mr. Brijesh Kumar Tamber, AOR
Mr. Sanand Ramakrishnan, AOR
Mr. Pawanshree Agrawal, AOR
Mr. Nitish Massey, AOR
Mr. Somiran Sharma, AOR
Ms. Vandana Sehgal, AOR
Mr. Sureshan P., AOR
Ms. Misha Rohatgi, AOR
Mr. Rakesh Kumar-I, AOR
Mr. Ajit Sharma, AOR
Ms. Anisha Upadhyay, AOR
Ms. Anannya Ghosh, AOR
Ms. Veera Kaul Singh, AOR
Mr. Mohit D. Ram, AOR
17
M/s. V. Maheshwari & Co., AOR
Mr. Prem Prakash, AOR
Mr. K. Paari Vendhan, AOR
Mr. Tejaswi Kumar Pradhan, AOR
Mr. T. Mahipal, AOR
Ms. Atishi Dipankar, AOR
Ms. Praveena Gautam, AOR
Mr. Ashwarya Sinha, AOR
Mr. Umesh Kumar Khaitan, AOR
Mr. Vipin Kumar Jai, AOR
Mr. Raj Singh Rana, AOR
Ms. Indra Sawhney, AOR
Dr. Nafis A. Siddiqui, AOR
Ms. Mona K. Rajvanshi, AOR
Ms. Pallavi Pratap, AOR
Mr. Sudhir Naagar, AOR
Mr. Purvish Jitendra Malkan, AOR
Mr. Vinay Arora, AOR
Mr. Anoop Prakash Awasthi, AOR
Mr. D. S. Chauhan, AOR
Ms. Sujata Kurdukar, AOR
Mr. Rajesh Mahale, AOR
Mr. Sumit Sinha, AOR
Mr. Somanatha Padhan, AOR
Mr. Somanatha Padhan, AOR
Mr. M. M. Kashyap, AOR
18
Mr. Naveen Kumar, AOR
Mr. Ashwani Bhardwaj, AOR
Ms. Charu Ambwani, AOR
Ms. Charu Mathur, AOR
Mr. Kumar Mihir, AOR
Mr. Rishi Matoliya, AOR
Mr. Aneesh Mittal, AOR
Mr. Kabir Dixit, AOR
Mr. Sanchit Garga, AOR
Mr. O.P. Gaggar, AOR
Ms. Rashmi Singh, AOR
Mr. Gaichangpou Gangmei, AOR
Mr. Neeraj Shekhar, AOR
Ms. Kamakshi S. Mehlwal, AOR
Mr. Sanjai Kumar Pathak, AOR
Mr. Gaurav, AOR
Mr. Smarhar Singh, AOR
Mr. Nikilesh Ramachandran, AOR
Mr. B. Krishna Prasad, AOR
Ms. Rajkumari Banju, AOR
Mr. M. T. George, AOR
Mr. Praveen Jain, AOR
Mr. Anil K. Chopra, AOR
Mr. S. R. Setia, AOR
Ms. Kirti Renu Mishra, AOR
Mr. Rajiv Raheja, AOR
19
M/s. Mitter & Mitter Co., AOR
Mr. Jay Kishor Singh, AOR
Mr. Binay Kumar Das, AOR
Ms. Rooh-e-hina Dua, AOR
Mr. Abdul Azeem Kalebudde, AOR
Mr. A.P. Mohanty, AOR
Mr. Sayaree Basu Mallik, AOR
Mr. Shovan Mishra, AOR
Mr. Bhargava V. Desai, AOR
Mr. Kaushik Poddar, AOR
Mr. E.C. Agrawala, AOR
Ms. Hemantika Wahi, AOR
Mr. A.N. Arora, AOR
Mr. Gaurav Goel, AOR
Mr. Gaurav, AOR
UPON hearing the counsel the Court made the following
O R D E R
PART-I RE: DE-TAGGING OF ITEM NOS.301.44 TO 301.69 Mr. Kavin Gulati, learned Senior Advocate submits that the instant petitions principally challenge the levy of External Development Charges imposed in respect of development of properties in State of Haryana. One of the submissions urged on behalf of the petitioners was seeking reduction in rate of interest for which purposes reliance was placed on the orders passed by this Court in Amrapali Group of matters.
20Mr. Gulati submits that these matters are not connected with Amrapali Group of Matters and the reliance on the orders was only by way of drawing similarity.
Since the matters are totally unconnected with Amrapali Group of Matters, we de-tag these matters. The Registry is directed to list these matters before the appropriate Bench next week.
PART-II NOTE SUBMITTED BY MR. R. VENKATARAMANI, COURT RECEIVER A. RE: FUNDING PROPOSALS BY BANKS Learned Receiver submits that because of acts of commission and omission on part of the erstwhile Management of the Amrapali Projects, some of the Banks are apprehensive and hesitant in lending their funds and that the taint attached to the Amrapali Projects is keeping said Banks away from getting themselves involved in funding and financing transactions. We make it clear that whatever be the deeds of the erstwhile Amrapali Management, today all the assets of Amrapali Group of Companies vest in Court Receiver who is fully empowered to take appropriate decisions and initiate actions to see that all the stalled projects of Amrapali Group are completed and the flat buyers are given possession of their apartments. In the circumstances, there is no room for any apprehension or hesitation and the Banks may consider any request or proposal made by learned Receiver for lending finances and funds on its own merits.
21Needless to say that the Receiver assisted by the Committee will take all the decisions which will not only reduce the burden on the Group of flat buyers but will ensure completion of all the projects at the earliest.
B. STEPS REGARDING SALE OF SELECT SET OF PROPERTIES Learned Receiver has given following suggestions:
“i. It is in the knowledge of the Court that DRT has endeavored to sell various assets of Amrapali. ii. Following their engagement, MSTC has not only conducted fresh valuation and also three rounds of sale of properties. Few properties like corporate buildings have been sold as regards properties in the nature of lands, FARs, the responses and yields are not encouraging. With the help of NBCC and other sources engaged by the office of the Receiver, the market and the players in the field, who would be interested in purchasing such properties and have been analysed ,it appears that there is a need of for more realistic approach and combination of strategies. As already brought to the notice of the Court, the office of the Receiver has received proposals from reputed agencies, other than mere outright purchase of FARs. The terms of such proposals have been considered by the Receiver and the Committee. There is an in principle agreement on the need to consider such proposals.
iii. As regards the FARs in silicon city and Princely estate projects, in addition to the auctions that MSTC may conduct as may be adviced by the committee it will be open to the interested parties to send their proposals concerning these two properties to the office of the Receiver, Such proposals may be sent on confidential basis.
iv. Interested parties can either propose outright purchase of the above said FARs on certain terms or also propose any other mode of transfer of interest in the said properties namely a development agreement or a deferred sale agreement etc. v. Interested parties can do so within a period of two weeks from the date of the order.22
vi. The order shall be widely circulated through any media and also communicated through MSTC portals. vii. The Receiver and the committee shall evaluate the proposals and the proposal which may be considered beneficial and conducive to the execution of the Amrapali projects shall be submitted to the Court for further direction.” The suggestions made by the learned Receiver are fair and acceptable. If learned Receiver has received any proposals from reputed agencies, such proposals may also be considered in addition to modalities of auction, as suggested. The interested parties can either purchase the FAR on outright basis or propose any other modality which would sub-serve the interest of the home-buyers. We, therefore, permit learned Receiver to receive any such proposals which may thereafter be evaluated. However, before taking any final decision in the matter, the Court shall be appraised of all the developments in that behalf.
PART-III RE: STATUS REPORT FILED BY THE ENFORCEMENT DIRECTORATE Mr. Sanjay Jain, learned Additional Solicitor General appearing for the Enforcement Directorate has submitted Status Report with regard to the investigation in respect of Mr. Prem Mishra and Associated Individuals/Companies/Entities. The Status Report states that because of COVID-19 Pandemic Situation, some of the Noticees could not participate in the investigation process and, as such, it prays for extension of time by four weeks.23
We accept the request and give further time of four weeks to the Enforcement Directorate.
Let the appropriate Status Report be filed on or before the 1 st week of January 2021.
The present Status Report shall be re-sealed and kept in sealed cover till further orders.
Since the time for furnishing Status Report regarding Mr. Prem Mishra and Associated Individuals/Companies/Entities has been extended, all the matters concerning Mr. Prem Mishra and Associated Individuals/Companies/Entities stand adjourned to 11.01.2021. List this matter for further consideration on 11.01.2021.
PART-IV I.A. Nos.114869 OF 2020 (Vol. Z-321) and 114877 OF 2020 (Vol.Z-326) These two applications are filed on behalf of the NOIDA Power Company Ltd. (“the Company”, for short) In IA No.114869 (Vol.Z-321), it is submitted that certain dues in respect of Precast Factory are still outstanding. However, the details of those dues are not forthcoming. IA No.114877 (Vol.Z-326) pertains to various premises/projects of Amrapali Group of Companies situated in Greater NOIDA area. Mr. Krishnan Venugopal, learned Senior Advocate appearing in support of the applications prays for and is granted a week's time to furnish all the details.24
Whatever be the dues recoverable from various Amrapali Group of Companies, the Company shall provide Temporary Electricity Connection to NBCC so that all the construction related works can be undertaken without any difficulty. The NBCC shall be liable to pay for the electricity consumed by them under this temporary arrangement. However, no past dues shall be recovered from NBCC.
The modalities of recovery of past dues shall be considered at the appropriate stage.
PART-V I.A. No.115285 OF 2020 (Vol.I-151) This application has been moved on behalf of Mr. Anil Kumar Sharma, Chairman of Amrapali Group of Companies seeking clarification that all FIRs registered with Police Stations of different jurisdictions be transferred to “Economic Offences Wing, Delhi Police”.
Since the FIRs have been registered by Ghaziabad/NOIDA/Greater NOIDA Police, let notice be issued to State of Uttar Pradesh, returnable on 18.01.2021.
Liberty is granted to serve the learned Standing Counsel for the State.
PART-VI I.A. No.113859 OF 2020 (Vol.Z-320) This application has been filed by Dr. Pradeep Tyagi submitting inter alia that he is willing to purchase Promhex Multi- 25 Speciality Hospital, Greater NOIDA which is being run by Amrapali Group.
In keeping with the directions issued in the earlier part of the order, we permit the applicant to approach learned Court Receiver, who may take appropriate steps in the matter.
PART-VII PURCHASE OF AMRAPALI CORPORATE TOWER BY MSTC Mr. Gudipati G. Kashyap, learned Advocate representing MSTC submits that MSTC is interested in purchasing Amrapali Corporate Tower, Sector-62, NOIDA.
MSTC is at liberty to approach learned Receiver and if a proposal is made, learned Receiver shall do the needful in the matter.
PART-VIII NOTE SUBMITTED BY MR. M.L. LAHOTY, ADVOCATE A. RECOVERY OF MONEY FROM ROYALGOLF LINK CITY PROJECTS PRIVATE LIMITED (Vol.R-112) Pursuant to the directions issued on the last occasion, affidavit in response (Vol.R-112) has been filed by M/s. Royalgolf Link City Projects Pvt. Ltd. (“Royalgolf”, for short) furnishing certain details. According to the response, in connection with loan of Rs.48.52 crores, Royalgolf had paid interest @ 9% amounting to Rs. Rs.5.95 Crores for the period 2014-15 and 2015-16. Contemporaneously, amount of Rs.65 Lakhs deducted by way of TDS was also deposited with the concerned authority. 26 Page 115 of the response shows that the liability on part of Royalgolf has been calculated taking into account the interest element @ 12% per annum from 2017 onwards. In terms of said calculation, apart from Rs.48.52 Crores, which is the principal amount and already stands deposited in the Registry of this Court, the interest element amounts to Rs.21.52 Crores in respect of which time has been granted by this Court to Royalgolf upto 31.03.2021. We have considered the rival submissions and in our view, since the interest element in respect of years 2014-15 and 2015-16 was already paid to M/s. Ultrahome and contemporaneously TDS was also deposited, at this stage, we will restrict the liability of Royalgolf in terms of page 115 of the response (Vol.R-112).
B. RECOVERY FROM SUREKHA FAMILY Considering the nature of claims as well as the circumstances on record, in our view, assistance of Mr. Pavan Aggarwal, Forensic Auditor will be necessary while considering this issue. At the request of the learned counsel appearing for Surekha Family, this matter already stands adjourned to 01.12.2020. We request Mr. Pavan Aggrawal to remain present on the next occasion and assist the Court in resolving this issue. C. RECOVERY OF Rs.912.72 CRORES FROM DIRECTORS, CFO CHANDER WADHWA & OTHERS On 16.11.2020, after hearing learned counsel for the parties, following order was passed by this Court: 27
“At the request of the learned advocate for the concerned persons, time was granted to file responses by 16.11.2020.
Mr. Lahoty submits that no response has been filed. Mr. Manoj Singh, learned Advocate submits that he was indisposed and could not file any response. He prays for and is granted two days time to file the response. Mr. Abhigya Kushwaha, learned advocate is also granted time of two days to file response.
If no reply is filed, it shall be taken that the concerned parties have nothing to say in the matter. List for further consideration on 23.11.2020 as directed earlier.” The matter concerning Mr. Anil Kumar Sharma, Chairman of Amrapali Group of Companies is taken up. Mr. Manoj Singh, learned counsel invites our attention to the Response (Vol.A-64) filed on behalf of Mr. Anil Kr. Sharma as well as the Objections (Vol.R-117) to the Note submitted by Mr. M.L. Lahoty, Advocate.
We have perused both the responses and do not find any particulars in support of the assertions made in the responses. However, instead of arriving at any conclusion, we direct that the matter regarding Mr. Anil Kr. Sharma and related individuals be considered in the following manner:
(a) Copies of the Response (Vol.A-64) and the Objections (Vol.R-117) shall be forwarded to the learned Receiver;
(b) Mr. Anil Kr. Sharma and related persons are entitled to put in additional responses, if any, within three days from today. If no response is filed within three days, it shall be deemed that no additional response is desired to be filed;28
(c) Learned Receiver assisted by the Forensic Auditors may grant personal hearing to Mr. Anil Kr. Sharma, related persons or their representatives on such date as the Receiver deems it appropriate;
(d) In case the personal presence of Mr. Anil Kr. Sharma is considered necessary, learned Receiver is at liberty to make appropriate request on the next date of hearing to facilitate the presence and participation of said Mr. Anil Kumar Sharma;
(e) After considering the responses on record or to be submitted hereafter, learned Receiver may make a Preliminary Report for the benefit of the Court whereafter the matter shall be finally considered by the Court.
PART-IX I.A. Nos.183658, 183660 & 183661 OF 2019 (Vol.Z-247) Mr. Gaurav Goel, learned Advocate representing Mr. Ajay Kumar submits that he be given liberty to circulate copies of his responses to the learned Receiver. Liberty granted. Mr. Ajay Kumar shall also have three more days to submit additional responses, if any, on the terms indicated above.
PART-X RELEASE OF PAYMENT TO THE FORENSIC AUDITORS Learned Receiver submits that the Forensic Auditors have not been paid any remuneration since February 2020. In the circumstances, by way of ad hoc arrangement, we direct release of Rs.5,00,000/- (Rupees Five Lakhs Only) to each of the Forensic Auditors.
29Let the money be transmitted into the accounts of the Forensic Auditors within three days from today from Account No.02070210003121, UCO Bank, Supreme Court Branch.
PART-XI All the remaining Interlocutory Applications are adjourned for two weeks.
(INDU MARWAH) (MUKESH NASA) (PRADEEP KUMAR) COURT MASTER COURT MASTER BRANCH OFFICER