Delhi High Court - Orders
Abhay Kumar Bhagat And Ors vs Union Of India Through The Ministry Of ... on 30 July, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10453/2024
ABHAY KUMAR BHAGAT AND ORS. .....Petitioners
Through: Mr. Sanjeev Sahay, Mr. Archit
Rajput, Mr. Shagun Saproo, Mr.
Karan Deep Singh, Mr. Shakeel
Ahmed, Advocates.
versus
UNION OF INDIA THROUGH THE MINISTRY OF HOME
AFFAIRS & ANR. .....Respondents
Through: Mr. Vijay Joshi, Mr. Ankur Yadav,
Ms. Katyayini Joshi, Advocates for
R-1.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 30.07.2024 CM APPL. 43016/2024 (Exemption)
1. Exemption is granted, subject to all just exceptions.
2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of. W.P.(C) 10453/2024
4. Through the instant petition the Petitioners seeks direction to Respondent No.1 to release 25% of the funds in the FCRA account of Respondent No.2.
5. Respondent No.2's license was suspended by Respondent No.1 as per the provisions of Section 13(2) of the Foreign Contribution (Regulation Act), 2010. The Petitioners herein were employed with Respondent No.2 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 05/08/2024 at 21:17:37 and are owed certain Unpaid employment dues from the said Respondent. However, the same cannot be disbursed as through suspension dated 14th June, 2023, the bank account of Respondent No.2 were seized.
6. Counsel for Petitioner places reliance on Section 13(2) of the FCRA read with Rule 14 of the FCRR which allows an NGO with a suspended FCRA License to utilise 25% of the unutilised foreign contribution. They urge that Respondent No. 2 can thus be permitted to utilise this amount towards payment of the Petitioners.
7. However, such possibility may arise only if Respondent No. 1 releases the 25% of the funds in the FCRA account on Respondent No. 2.
8. The Petitioners urge that they are only interested in the payment of their salaries and accordingly seek the prayer for Respondent No. 1 to allow Respondent No. 2 to utilise 25% of the unutilised foreign contribution.
9. Issue notice. Mr. Vijay Joshi, counsel for Respondent No. 1 accepts notice.
10. Mr Joshi raises an objection regarding the maintainability of the present petition. He submits that request to release this amount can only be made by Respondent No. 2 and not by the Petitioner.
11. Be that as it may, any directions in the matter would of course be issued after hearing Respondent No. 2.
12. However, in the meantime, Respondent No. 1 should also put forth their stand through their counter affidavit, as to whether they are willing to consider the Petitioner's request, assuming Respondent No. 2 also joins in making such a request.
13. Let the counter affidavit be filed within a period of four weeks from today.
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 05/08/2024 at 21:17:37
14. Upon filing of process fee issue notice to Respondent No. 2 by all permissible modes returnable on the next date of hearing. On service, such Respondent shall file a counter-affidavit if any, with a period of four weeks from the date of service.
15. Re-notify on 14th November, 2024.
SANJEEV NARULA, J JULY 30, 2024/ab 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 05/08/2024 at 21:17:37