Supreme Court - Daily Orders
Bikram Chatterji vs Union Of India on 8 August, 2018
Bench: Arun Mishra, Uday Umesh Lalit
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ITEM NO.301 COURT NO.8 SECTION X
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(s).940/2017
BIKRAM CHATTERJI & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With appln.(s) for directions, permission to file appln. for
direction, permission to assess the portal facility, vacating
stay and modification/clarification)
WITH
W.P.(C) No.947/2017 (X)
(With appln.(s) for directions & modification/clarification)
W.P.(C) No.942/2017 (PIL-W)
(With appln.(s) for appropriate orders/directions, clarification,
intervention/impleadment and appln. on behalf of R.13 seeking
permission to pursue company appln.No.17 (P.B.) of 2018)
W.P.(C) No.971/2017 (X)
(With appln.(s) for directions)
W.P.(C)No.1041/2017 (X)
(With appln.(s) for directions and for permission to file addl.
documents)
W.P.(C) No.1018/2017 (X)
(With appln.(s) for directions and impleadment/intervention)
W.P.(C) No.1116/2017 (X)
W.P.(C) No.1144/2017 (X)
(With appln.(s) for directions)
W.P.(C) No.1156/2017 (X)
(With appln.(s) for clarification of order dated 12.2.2018)
W.P.(C) No.1206/2017 (X)
Signature Not Verified
(With appln.(s) for directions)
Digitally signed by
BALA PARVATHI
Date: 2018.08.09
13:40:29 IST
Reason:
W.P.(C) No.8/2018 (X)
W.P.(C) No.1242/2017 (X)
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W.P.(C) No.58/2018 (X)
W.P.(C) No.21/2018 (X)
W.P.(C) No.52/2018 (X)
(With appln.(s) for directions)
W.P.(C) No.56/2018 (X)
W.P.(C) No.91/2018 (X)
(With appln.(s) for impleadment)
W.P.(C) No.57/2018 (X)
(With appln.(s) for directions)
W.P.(C) No.74/2018 (X)
W.P.(C) No.134/2018 (X)
(With appln.(s) for permission to file addl. documents)
W.P.(C) No.131/2018 (X)
(With appln.(s) for stay/directions)
W.P.(C) No.160/2018 (X)
(With appln.(s) for permission to file subsequent events on record)
W.P.(C) No.164/2018 (X)
W.P.(C) No.182/2018 (X)
(With appln.(s) for directions)
W.P.(C) No.199/2018 (X)
W.P.(C) No.226/2018 (X)
W.P.(C) No.245/2018 (X)
W.P.(C) No.281/2018 (X)
(With appln.(s) for stay)
W.P.(C) No.306/2018 (X)
W.P.(C) No.246/2018 (X)
W.P.(C) No.298/2018 (X)
W.P.(C) No.267/2018 (X)
W.P.(C) No.288/2018 (X)
(With appln.(s) for impleadment and directions)
W.P.(C) No.353/2018 (X)
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(With appln.(s) for stay)
W.P.(C) No.378/2018 (X)
W.P.(C)No.460/2018
W.P.(C) No.742/2018 (X)
W.P.(C) No.829/2018 (X)
W.P.(C) No.866/2018 (X)
Date : 02-08-2018 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
Mr. Pawanshree Agrawal,Adv. (A.C.)
For Petitioner(s)/Applicant(s)
UOI Mr. Vikramjit Banerjee,ASG
Ms. V. Mohana,Sr.Adv.
Mr. S.S. Shamshery,Adv.
Mr. Mukul Singh,Adv.
Mr. Siddharth Sinha,Adv.
Mr. Shubhendu Anand,Adv.
Mrs. Anil Katiyar,Adv.
Mr. Arvind Kumar Sharma,AOR
Mr. B.V. Balaram Das,AOR
Mr. Dhruv Mehta,Sr.Adv.
Mr. Alok K. Agarwal,Adv.
Mr. Harshal Kr.,Adv.
Mr. Manoj Kr.,Adv.
Mr. Gaurav Goel,AOR
Mr. Apoorv Rastogi,Adv.
Mr. Sanjiv Sen,Sr.Adv.
Mr. Raj Kamal,AOR
Mr. M.L. Lahoty,Adv.
Ms. Usha Nandini V.,AOR
Mr. Kunal Mimani,Adv.
Mr. Kumar Kislay,Adv.
Mr. Dheeraj Nair,AOR
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Mr. Ashwarya Sinha, AOR
Mr. V.N. Sinha,Sr.Adv.
Mr. Sandeep Jha,Adv.
Mr. Ram Ekbal Roy,Adv.
Mr. Binay Kumar Das,AOR
Mr. Kumar Mihir,Adv.
Ms. Sheyaree Basu Mallik,Adv.
Mr. R.P. Goyal,AOR
Mr. Jayant Mehta,Adv.
Mr. Sukant Vikram,AOR
Mr. Abhinav Ankit,Adv.
Ms. Indrani Mukherjee,Adv.
Ms. Tatini Basu,AOR
Mr. Nitin Jain,Adv.
Mr. Aneesh Mittal,AOR
Ms. Shreya Sharma,Adv.
Mr. Krishnam Mishra,Adv.
Mr. Param K. Mishra,Adv.
Mr. Shanshank Singh,Adv.
Ms. Anisha Upadhayay,AOR
Mr. Rohit Singh,Adv.
Ms. Prerna Mehta,AOR
Mr. Vivek Narayan Sharma,AOR
Mr. Avijit Mani Tripathi,Adv.
Mr. Kumar Abhishek,Adv.
Mr. Prithvi Pal,AOR
Mr. Abdul Azeem Kalebudde,AOR
Ms. Taherabi Kalebudde,Adv.
Mr. M.L. Lahoty,Adv.
Mr. Paban K. Sharma,Adv.
Mr. Anchit Sripat,Adv.
Mr. Himanshu Shekhar,AOR
Mr. Janmesh Kumar,Adv.
Mr. Amrendra Sharan,Sr.Adv.
Mr. Manish Kr. Saran,AOR
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Mr. S.S. Ray,Adv.
Mr. Vaibhav Gulia,Adv.
Ms. Praveena Gautam,AOR
Mr. Himanshu Shekhar,AOR
Mr. E.R. Sumathy,AOR
Ms. Savita Aggarwal,Adv.
Mr. Madhurendra Kumar,AOR
Mr. Vijay Kumar,AOR
Mr. Girish Chand Tyagi,Adv.
Mr. Brijesh Tyagi,Adv.
Mr. Balendra Tiwari,Adv.
Mr. Kailash Prasad Pandey,AOR
Mr. Sanjay Kumar Dubey,AOR
Mr. Talha Rahman,AOR
Mr. Pawan Bhushan,Adv.
Mr. Nitin Bajpai,Adv.
Mr. Divakar Kumar,Adv.
Mr. R.K. Banju,AOR
Mr. Suman Tripathy,AOR
Mr. Abhimanyu Bhandari,Adv.
Mr. Rajiv Kumar Virmani,Adv.
Mr. Navin Kumar,AOR
Ms. Shobha,AOR
Mr. Devendra Nath Tripathi,Adv.
Mr. Rohit Pande,Adv.
Mr. Anshuman Dwivedi,Adv.
Mr. Amit Pandey,Adv.
Ms. Anushruti Tripathi,Adv.
Ms. Shweta,Adv.
for Mr. Balraj Diwan,AOR
Mr. Sumit Sinha,AOR
Mr. R. Sathish,AOR
Mr. Virender Goswami,Adv.
Mr. Gautam Narayan,AOR
Ms. Soni Singh,Adv.
Mr. Shamik Saha,Adv.
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Ms. Nitya Ramakrishnan,Adv.
Mr. Shadan Farasat,AOR
Mr. Vaibhav Niti,Adv.
Ms. Sayaree Basu Mallik,AOR
Mr. Shishir Pinaki,AOR
Mr. Shovan Mishra,AOR
Mr. Gopal Jha, AOR
Mr. Aniruddha P. Mayee,AOR
Mr. A.P. Mohanty,AOR
Mr. Ashok Kumar Singh,AOR
Mr. Pallav Mongia,AOR
Mr. Prakash Ranjan Nayak,AOR
Mr. Sibo Sankar Mishra,AOR
For Respondent(s)
Mr. Bishwajit Dubey,Adv.
Ms. Srideepa Bhattacharyya,Adv.
Mr. Aditya Marwah,Adv.
Mr. Manpreet Lamba,Adv.
for M/s. Cyril Amarchand Mangaldas,AOR
Dr. Ashwani Bhardwaj,AOR
Mr. Amit Goel,Adv.
Mr. S.S. Ray,Adv.
Mr. Manmeet Singh,Adv.
Mr. Anugrah Robin Frey,Adv.
Mr. Prithvi Sidhu,Adv.
Mr. Anshul Tyagi,AOR
Mr. Anukrit Gupta,Adv.
Ms. Rakhi Ray,Adv.
Mr. Gaurav Bhatia, AOR
Mr. Balaji Srinivasan,AOR
Mr. Abhishek Raj,Adv.
Mr. Paras Choudhary,Adv.
for Mr. Vishal Gupta,AOR
Mr. Vishnu Sharma,AOR
Mr. Sourav Roy,Adv.
Ms. Anupama Sharma,Adv.
Ms. Sonali Negi,Adv.
Mr. Akhileshwar Jha,Adv.
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Mr. Somiran Sharma,AOR
Ms. Priyanka Das,Adv.
Ms. Astha Sharma,AOR
Mr. Rohit Amit Sthalekar,AOR
Mr. Shashwat Bajpai,Adv.
Mr. Sharad Agrawal,Adv.
Mr. Manoj,Adv.
Mr. T. Mahipal,AOR
Mr. Rajesh Kumar Gupta,AOR
Mr. Pallavi Pratap,AOR
Mr. Sumit Saurav,Adv.
Mr. Aman Gupta,AOR
Mr. Abhimanyu Bhandari,Adv.
Ms. Roohina Dua,Adv.
Mr. Kunwar Aditya Singh,Adv.
Mr. Ejaz Maqbool,AOR
Mr. Badri Prasad Singh,AOR
Mr. Gaurav Tyagi,Adv.
Ms. Shaila Arora,Adv.
Ms. Neha Chaudhary,Adv.
Mr. Subodh K. Pathak,Adv.
Mr. Adil Alvi,Adv.
Mr. Pawan K. Sharma,Adv.
Mr. Shashi Ranjan,Adv.
Mr. Ravindra Kumar,AOR
Mr. Rabin Majumder,AOR
Mr. Akhilesh Kumar Pandey,AOR
Mr. Vishnu Sharma,AOR
Mr. Dharmendra Kumar Sinha,AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Heard the learned counsel for the parties.
2. Pursuant to the previous directions dated 1.8.2018 and 2.8.2018, list of eight individual, their details of accounts of Directors viz. Mr.Anil Kumar Sharma, Mr. Shiv 8 Priya, Mr.Ajay Kumar, Mr.Suvash Chandra Kumar, Mr. Amresh Kumar, Mr.Sunil Kumar, Mr.Sudhir Kumar Choudhary and Mr. Vinay Vishal have been furnished. The said account have already been freezed. Let Registry intimate to the banks forthwith of the freezing of individual accounts mentioned in X-3/1 to X-3/8 of the Directors.
3. Let the certified bank accounts contained in X/1 to X/3, right from 2008 till date, be furnished by the Group of Companies as well as the individual Directors, within a period of fifteen days from today to this court.
4. It was also stated before us that, at present, there are only eight Directors. Let the specific affidavit of eight Directors mentioned above be filed and that of the Chairperson of the Group of Companies in this regard. Let the entire information be furnished with respect to the persons who have remained Directors w.e.f. 2008 till date, at any point of time of the aforesaid companies of which list have been furnished. Let the details along with the bank accounts of all such Directors be furnished within fifteen days. The accounts, if any, of two companies which are stated to have not been able to start business be also furnished to this Court and also whether they had opened any account or details of those accounts be furnished along with amount transacted thereunder. In case, they had opened any account, the details of those accounts be furnished along with amount transacted therein. Certified account be placed on record within 9 fifteen days.
5. It was also stated by Mr. Lahoti that there are seven more companies of which list was furnished to the counsel of Amrapali Group whose accounts have not been furnished. Let specific affidavit be filed regarding aforesaid fact including the name of the Directors, Account Numbers etc.
6. It was stated that as per order dated 02.08.2018 Auditors have supplied the requisite documents. Let the Auditor appointed by this Court furnish uptodate report, right from 2008, to this Court as per the order passed by this court on 2.8.2018.
7. It is also stated about Heart Beat City Project that the amount of purchase money from buyers was collected by the concerned Amrapali Group or in the capacity of the Marketing Agent of Heart Beat City. Let the names of Directors of Heart Beat City and the agreements which have been executed with the buyers with respect to Heart Beat City, including the information as to how in what capacity and under which agreement Amrapali Group of companies acted in the matter its agreement with Heart Beat City be also placed on record.
8. It was stated with respect to two projects, i.e. Silicon City as well as Zodiac, IRP have been appointed to make the collection of the electricity/ water and maintenance charges etc. It was stated before us by 10 Mr. Kumar Mihir, learned counsel on being instructed by Shri Joginder Singh that IRP has not started functioning in the Zodiac project. With respect to Silicon City, it was stated by Shri Rajesh Samson, that after the order passed by this Court in April, 2018, IRP is not functioning. However, it was stated that some amount used to be collected by the IRP and that was credited in the account of the Amrapali Silicon City, special account created for the purpose of IRP for collection of electricity dues/ water charges as well as maintenance etc. The account Nos.21580200000209, and 21580200000210, were opened in Bank of Baroda. In the circumstances, we feel that since IRP is not actively working at present, it is not necessary to continue with the IRP any more and for the present they are discharged.
9. It was stated before us by Mr. Gaurav Bhatia, assisted by Mr.Utkarsh Jaiswal and Abhishek Singh, on behalf of the Amrapali Group of Companies that as the main meters regarding electricity consumption are in the name of Amrapali Group of Companies and there are sub-meters provided to the inhabitants in the individual names, as per those sub-meters, the collection of charge for electricity, maintenance etc. used to be made in advance by the Amrapali Group of Companies/the maintenance company appointed for the purpose by it. Let the amount be deposited in same 11 manner unless otherwise ordered and similar method be adopted for Silicon City and Zodiac projects too.
10. In the circumstances, as it was stated before us that in certain towers electricity connections have been disconnected. We direct the Electricity Companies of the Paschimanchal Vidyut Vitaran Nigam Limited (PVVNL) and Noida Power Company Limited (NPCL) to restore the electricity connection forthwith. However, the charges for the month of July, if not paid, shall be paid by the residents to the Amrapali Group of Companies/maintenance companies employed by it for this purpose. With respect to deposit of arrears, how they have accumulated and default on whose part be stated to pass appropriate orders on the next date, in this regard.
11. Amrapali Group of Companies is directed to furnish the names of maintenance companies/assistants project wise. Project wise information, details of amount collected from inhabitants so far including the Silicon and Zodiac Towers and how much has been actually deposited. Accounts Statement to clearly indicate how much has been collected and how much is still with the Amrapali Group of Companies/maintenance companies to be deposited towards dues of electricity, water connection etc.
12. As prayed, Mr.Vishal Singh, IRP is given liberty to file appropriate application with respect to the 12 collection of charges for the past services. That will be considered on its own merits.
13. Let the affidavit of each Directors, Managing Directors be filed with respect to valuation of all the immovable properties/ movable properties held by them in any capacity be furnished to this Court on affidavit, within 15 days from today, including that of Group of Companies.
14. It was stated by Shri Gaurav Bhatia learned counsel on behalf of the Amrapali Group of Companies that a sum of Rs.5112/-crores is required to complete the construction in the various projects. It was submitted that Amrapali Group of Companies is going to submit a comprehensive plan for measurement of land in this regard for sale of assets etc. so as to provide money to complete the aforesaid project by NBCC.
15. Let the reply to the application filed by Shri Lahoti as well as the proposal be submitted by Amrapali be placed for consideration of this Court. List on 21.8.2018 at 2.00 p.m. (B.PARVATHI) (JAGDISH CHANDER) COURT MASTER BRANCH OFFICER