Supreme Court - Daily Orders
Bikram Chatterji vs Union Of India on 18 April, 2022
Bench: Uday Umesh Lalit, Bela M. Trivedi
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ITEM NO.301 COURT NO.2 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(s)(Civil) No(s). 940/2017
BIKRAM CHATTERJI & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(Matters to be listed on 18.04.2022 1. I.A Nos. 97096, 97097,
97093, 100940,
(IA No. 12572/2022 - APPROPRIATE ORDERS/DIRECTIONS; IA No.
50082/2022 - APPROPRIATE ORDERS/DIRECTIONS; IA No. 33118/2022 –
CLARIFICATION/DIRECTION; IA No. 170313/2021 –
CLARIFICATION/DIRECTION; IA No. 138752/2021 - EXEMPTION FROM FILING
AFFIDAVIT; IA No. 170314/2021 - EXEMPTION FROM FILING O.T.; IA No.
50084/2022 - EXEMPTION FROM FILING O.T.; IA No. 170312/2021 -
INTERVENTION APPLICATION; IA No. 50081/2022 - INTERVENTION
APPLICATION; IA No. 138750/2021 - INTERVENTION APPLICATION; IA No.
31467/2022 – INTERVENTION/IMPLEADMENT; IA No. 47162/2022 –
INTERVENTION/IMPLEADMENT; IA No. 47165/2022 - PERMISSION TO APPEAR
AND ARGUE IN PERSON & I.A.No.57326/2022 in I.A NO.12572/2022)
I.A No.57575,57576,57672 of 2022)
WITH
W.P.(C) No. 245/2018 (X)
W.P.(C) No. 306/2018 (X)
(IA No. 97096/2021 - APPROPRIATE ORDERS/DIRECTIONS; IA No.
97097/2021 - DISCHARGE OF ADVOCATE ON RECORD; IA No. 100945/2021 -
EXEMPTION FROM FILING O.T.;IA No. 100940/2021 - EXEMPTION FROM
FILING THE POWER OF ATTORNEY; IA No. 97093/2021 - PERMISSION TO
APPEAR AND ARGUE IN PERSON ; IA No. 170191/2021 - PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
W.P.(C) No. 502/2019 (X)
Diary No(s). 36392/2019 (X)
Signature Not Verified
Digitally signed by
Indu Marwah
Date: 2022.04.20
SLP(C) No. 1879/2018 (XVII)
18:33:21 IST
Reason:
SMC(Crl) No. 4/2018 (XVII)
W.P.(C) No. 378/2018 (X)
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W.P.(C) No. 298/2018 (X)
CONMT.PET.(C) No. 483/2020 in W.P.(C) No. 940/2017 (X)
W.P.(C) No. 288/2018 (X)
W.P.(C) No. 1397/2018 (X)
W.P.(C) No. 246/2018 (X)
W.P.(C) No. 226/2018 (X)
W.P.(C) No. 267/2018 (X)
W.P.(C) No. 1018/2017 (X)
W.P.(C) No. 353/2018 (X)
W.P.(C) No. 460/2018 (X)
W.P.(C) No. 829/2018 (X)
W.P.(C) No. 742/2018 (X)
W.P.(C) No. 199/2018 (X)
W.P.(C) No. 134/2018 (X)
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. 56/2018 (X)
W.P.(C) No. 57/2018 (X)
W.P.(C) No. 74/2018 (X)
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W.P.(C) No. 131/2018 (X)
W.P.(C) No. 182/2018 (X)
W.P.(C) No. 942/2017 (PIL-W)
W.P.(C) No. 8/2018 (X)
W.P.(C) No. 1242/2017 (X)
W.P.(C) No. 58/2018 (X)
W.P.(C) No. 21/2018 (X)
W.P.(C) No. 52/2018 (X)
W.P.(C) No. 91/2018 (X)
W.P.(C) No. 160/2018 (X)
Date : 18-04-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Counsel for the Parties:
Mr. R. Venkataramani, Sr. Adv.
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. Pranab Kumar Nayak, Adv.
Mr. Himanshu Shekhar, AOR
Mr. Siddhartha Dave, Sr. Adv.
Mr. Gudipati G. Kashyap, Adv.
Ms. T. Archana, AOR
Mr. Vikas Singh Sr Adv
Mr.Prashant Shukla Adv
Mrs.Anushree Shukla Adv
Mr. Ankit Tyagi Adv
Mr.Surender M. Sharma Adv
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Mr.Ashu bhindwar Adv
Mr.Divyesh Pratap Singh AOR
Mr. Gaurav Mitra, Adv.
Mr. Yudhist Narain Singh, Adv.
Mr. Adit Singh, Adv.
Mr. Rajat Mittal, AOR
Mr. Vikramjit Banerjee, ASG
Ms. V. Mohana, Sr. Adv.
Mr. Nachiketa Joshi, Adv.
Mr. Prashant Singh, Adv.
Mr. Mukul Singh, Adv.
Mr. Sughosh Subramanyam, Adv.
Mr. Arvind Kumar Sharma, AOR
Mr. Vikramjit Banerjee, ASG
Mr. Gurmeet Singh Makker, AOR
Mr. Mukul Singh, Adv.
Mr. Vibhu Shankar Mishra, Adv.
Mr. Sugosh Subramaniam, Adv.
Mr. Manish, Adv.
Mr. R.D. Singh, Adv
Mr. Mani Shankar Mishra, Adv.
Mr. Vikramjit Banerjee, ASG
Ms. V. Mohana, Sr. Adv.
Mr. Mukul Singh, Adv.
Mr. Prashant Singh, Adv.
Mr. Sughosh Subramanyam, Adv.
Mr. Chetan Joshi, Adv
Mr. Raj Bahadur Yadav, AOR
Mr. Vikramjit Banerji, ASG
Mr. Sanjay Jain, ASG
Mr. Mukesh Kumar Maroria, AOR
Mr. Mukul Singh, Adv.
Mr. Prashant Singh, Adv.
Ms. Preeti Rani, Adv.
Mr. Vikramjit Banerjee, ASG
Mr. Mukul Singh, Adv.
Mr. Vikrant Yadav, Adv.
Mr. Vibhu Shankar Mishra, Adv.
Mr. R.R. Rajesh, Adv.
Mr. Amrish Kumar, AOR
Ms. Madhavi Divan, ASG
Ms. Komal Mundhra, Adv.
Mr. Saurabh Agrawal, Adv.
Mr. Shantanu Singh, Adv.
Mr. Pai Amit, Adv. on Record
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Ms. Shipra Jain, Adv.
Mr. Ayushi Puri, Adv.
Mr. Vishesh Kalra, Adv.
Mr. Naveen R. Rath, Sr. Adv.
Mr. Anuj Kapoor, AOR
Ms. Lalit Mohini Bhat, Adv.
Mr. Om Prakash Shukla, Adv.
Mr. Yajur Sharma, Adv.
Ms. Garima Prashad, Snr adv/ AAG
Ms. Ruchira Goel, AoR
Mr. Abhitosh Pratap Singh, Adv.
Mr. Brijender Chahar, Sr. Adv.
Mr. Aditya Jain-1, AOR
Mr. Manoj Singh, Adv.
Mr. Sanjay Kumar Visen, AOR
Ms. Babita Mishra, Adv.
Mr. Abhay Singh, Adv.
Ms. Ritu Rastogi, Adv.
Mr. Manoj Singh, Advocate
Mr. Sanjay Kumar Visen, AOR
Mr. Navin Gupta Advocate
Mr. Sanjay Kapur, AOR
Ms. Megha Karnwal, Adv.
Mr. Arjun Bhatia, Adv.
Ms. Shubhara Kapur, Adv.
Mr. Lalit Rajput, Adv.
Mr. Divyakant Lahoti, AOR
Mr. Parikshit Ahuja, Adv.
Ms. Praveena Bisht, Adv.
Ms. Madhur Jhavar, Adv.
Ms. Vindhya Mehra, Adv.
Mr. Kartik Lahoti, Adv.
Ms. Shivangi Malhotra, Adv.
Mr. Kaushal Yadav, AOR
Mr. Pramod Kumar, Adv.
Mr. Nandlal Kumar Mishra, Adv.
Mr. Shafik Ahmed, Adv.
Mr. Vivekanand Rana Adv.
Mr. Ashish Bhan, Adv.
Mr. Ketan Gaur, Adv.
Mr. Ayush Mitruka, Adv.
Mr. Ashish Bhan, Advocate
Mr. Kaustub Narendran, Adv.
Mr. Mahinder Singh Hura, Adv.
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Mr. Pushpendra S. Bhadoriya, Adv.
Mr. Divjot Singh Bhatia, Adv.
Mr. Saif Ali, Advocate
Mr. Jasmeet Singh, AOR
Mr. Rakesh Kumar Tewari, Adv
Mr. Vivek Kumar Pandey, Adv.
Mr. Krishna Kant Dubey, Adv.
Ms. Shuchi Singh, Adv.
Mr. Sanjay Kumar Dubey, AOR
Mr. Jainendra Kumar, Adv.
Ms. E. R. Sumathy, AOR
Ms. Savita Aggarwal, Adv.
Ms. S. Spandana Reddy, Adv.
Mr. Nishant Bhardwaj, Adv.
Ms. Richa Kapoor, AOR
Mr. Kunal Anand, Adv.
Ms. Shivani Sharma, Adv.
Ms. Jyoti Zongluju,, Adv.
Ms. Saloni Mahajan, Adv.
Mr. Sandesh Kumar, Adv.
Mr. Abhigya Kushwah, AOR
Mr. Siddharth Rajkumar Murarka, Adv.
Ms. Sunita Yadav, Adv.
Mr. Pradeep Kumar Dubey, Adv.
Ms. Anamika Kushwaha, Adv.
Mr. Vibhor Anand, Adv.
Mr. Manoj Kumar, Adv.
Mr. Shashank Shekhar, Adv.
Mr. Virender Arora, Adv.
Mr. Bishwajit Dubey, Adv.
Ms. Srideepa Bhattacharyya, Adv.
Ms. Aishwarya Gupta, Adv.
Mr. Manpreet Lamba, Adv.
M/s. Cyril Amarchand Mangaldas, AOR
Mr. Sunil Fernandes, AOR
Ms. Anindita Roy Chowdhury, Adv.
Ms. Urvashi Mishra, Adv.
Ms. Nupur Kumar, Adv.
Mr. Manish Raghav, Adv.
Mr. Rohit Gour, Adv.
Mr. Vivek Sharma, Adv.
Ms. Rachana Sharma, Adv.
Mr. Manoj Tomer, Adv.
Mr. Satyajit A. Desai, Adv.
Mr. Satya Kam Sharma, Adv.
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Mr. Siddharth Gautam, Adv.
Mr. Himanshu Sharma, Adv.
Ms. Anagha S. Desai, AOR
Mr. Pradeep Misra, AOR
Mr. Daleep Dhyani, Adv.
Mr. Suraj Singh, Adv.
Mr. Ajay Bansal, Adv.
Mr. Gaurav Yadava, Adv.
Ms. Veena Bansal, Adv.
Mr. Kuldip Singh, AOR
Mr. Syed Mehdi Imam, AOR
Mohd. Parvez Dabas, Adv.
Mr. Uzmi Jameel Husain, Adv.
Mr. Pulkit Chandna, Adv.
Ms. Arti Singh, AOR
Mr. Aakashdeep Singh Roda, Adv.
Mr. Basant Pal Singh, Adv.
Ms. Pooja Singh, Adv.
Mr. Niraj Shah, Adv.
Ms. Payal Murarka Chauhan, Adv.
Mr. Siddharth Rajkumar Murarka, AOR
Mr. Angad Singh, Adv.
Ms. Jasmine Damkewala, AOR
Mr. Pallav Mongia, AOR
Ms. Vaishali Sharma, Adv.
Mr. Dinesh Chander Trehan, Adv.
Mr. Ashok Kumar Singh, Adv.
Mr. Shantwanu Singh, AOR
Ms. Pragya Singh, Adv.
Mr. Bhakti Vardhan Singh, AOR
Mr. Rajesh Kumar, Adv.
Mr. Soumya Ranjan Paikray, Adv.
Mr. Ramesh Babu M. R., AOR
Ms. Manisha Singh, Adv.
Ms. Nisha Sharma, Adv.
Ms. Jagriti Bharti, Adv.
Mr. Akash Swami, Adv.
Mr. Pawan Kr. Sharma, Adv.
Dr. Amardeep Gaur, Adv.
M/s. V. Maheshwari & Co., AOR
Mr. Vivek Narayan Sharma, AOR
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Mr. Tushar Kumar, Adv.
Ms. Mahima Bhardwaj, Adv.
Mr. Rajeev Kumar Jha, Adv.
Mr. Pranshu Kaushal, Adv.
Mr. Shubham Awasthi, Adv.
MR. ADITYA MANUBARWALA, ADV
Mr. Balaji Srinivasan, AOR
Mr. Alok Kumar, Adv.
Mr. Manan Gambhir Adv.
Mr. Nikil Malhotra Adv.
Ms. Garima Soni Adv.
Mr. Tushar Singh, AOR
Ms. Hima Bhardwaj, Adv.
Mr. Dhruv Chawla, Adv.
Ms. Pankhuri, Adv.
Mr. M. T. George, AOR
Ms. Susy Abrahm, Adv.
Mr. Johns George, Adv.
Mr. Mohit Chaudhary, Adv.
Ms. Puja Sharma, Adv.
Mr. Kunal Sachdeva, Adv.
Mr. Chowdhary Zulfkar Ali, Adv.
Mr. Balwinder Singh Suri, Adv.
Mr. Paras Mithal, Adv.
Ms. Mahima Ahuja, Adv.
Mr. Parveen Kumar, Adv.
M/s. Kings & Alliance LLP, AOR
Mr. A. P. Mohanty, AOR
Mr. K.K. Singh, Adv.
Ms. Vijay Lakshmi, Adv.
Mr. Kislay Kumar, Adv.
Ms. Vishrutyi Sahni, Adv.
Mr. Dheeraj Nair, AOR
Mr. Rohit Kumar Singh, AOR
Mr. Rahul Kumar Gupta, Adv.
Ms. Chandni Arora, Adv.
Mr. Shubham V. Gawande, Adv.
Mr. Ashok Kumar Singh, AOR
Mr. Shantwanu Singh, Adv.
Ms. Pragya Singh, Adv.
Mr. Satish Pandey, AOR
Mr. Salim Ansari, Adv
Mr. Akbar Ali, Adv
Mr. Rajesh Pandey, Adv
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Mr. Abhinav Shrivastava, AOR
Dr. Sasmit Patra, Adv.
Mr. Rahul Gupta, Adv.
Mr. Nirmal Prasad, Adv.
Mr. Shivang Rawat, Adv.
Mr.Ravindra Kumar, Adv.
Mr. Binay Kumar Das, AOR
Ms. Priyanka Das, Adv.
Ms. Neha Das, Adv.
Mr. Yajur Bhalla, Adv.
Mr. Vijay Kumar Diwedi, Adv.
Mr. Akhilesh Kumar Pandey, Adv.
Mr. Ashish Vajpayee, Adv.
Mr. Deepak Samota, Adv.
Mr. Shubham Bhalla, AOR
Mr. Pradhuman Gohil, Adv.
Ms. Taruna Singh Gohil, AOR
Mr. Ashish Kabra, Adv.
Mohammad Kamran, Adv.
Ms. Ranu Purohit, Adv.
Mr. R. Vishnu Kumar, Adv.
Mr. Alapati Sahithya Krishna, Adv.
Mr. Shiv Kumar Pandey, Adv.
Mr. Awanish Kumar, Adv.
Mr. Anshul Rai, Adv.
M/s. Dharmaprabhas Law Associates, AOR
Mr. Janender Kumar Chumbak, Adv.
Ms. Radhika, Adv.
Ms. Amita Singh Kalkal, AOR
Mr. Rishi K. Awasthi, Adv.
Mr. Prashant Kumar, Adv.
Ms. Ritu Arora, Adv.
Mr. Piyush Vatsa, Adv.
Mr. Sumit Raj, Adv.
Ms. Yukti Anand, Adv.
Mr. Avinash Ankit, Adv.
Mr. Santosh Kumar-I, AOR
Mr.Aditya Nayyar Advocate
Mrs. Farhat Jahan Rehmani AOR
Ms. Sangeeta Singh, AOR
Ms. Priyanka Swami, Adv.
Ms. Shobha Gupta, AOR
Mr. Nishant Bahuguna, Adv.
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Mr. Rajendra Kumar Panigrahi , Adv.
Ms. Jessy Kurien, Adv.
Mr. Vidit Agarwal, Adv.
Mr. Shubham Jalan, Adv.
Ms. Prachi Sharma, Adv.
Ms. Sakshi Tiwari, Adv.
Mr. Shovan Mishra, AOR
Ms. Bipasa Tripathy, Adv.
Ms. Sujata Kumari Muni, Adv.
Mr. Niraj Gupta, AOR
Mr. Fuzail Khan, Adv.
Ms. Anshu Gupta, Adv.
Mr. Ashutosh Srivastava, Adv.
Mr. Rajesh P., AOR
Mr. Rahul Malhotra, Adv.
Ms. Himanshi Madan, Adv.
Ms. Mayuri Raghuvanshi, AOR
Mr. Vyom Raghuvanshi, Adv.
Ms. Purvat Wali, Adv.
Dr. Vijendra Mahiyandiyan, Adv.
Mr. Deepak Goel, AOR
Ms. Pallavi Awasthi Adv
Mr. Chaman Rana Adv
Mr. Vaibhav Luthra, Adv.
Mr. Mithu Jain, AOR
Mr. Shreyan Das, Adv.
Mr. Rajiv Lochan, Adv.
Mr. Prithvi Pal, AOR
Mr. Naresh Kumar Nagar, Adv.
Mr. Mohit Yadav, Adv.
Mr. Sanveer Mehlwal, Adv.
Ms. Geetanjali Mehlwal, Adv.
Mr. Abdul Gaffar, Adv.
Ms. Kamakshi S. Mehlwal, AOR
Mr. Imran Khan, Adv.
Mr. Ashoka Kumar Thakur, Adv.
Mr. Anil K. Chopra, AOR
Mr. Natwar Rai, Adv.
Mr. Krishna Kumar, Adv.
Ms. Nandini Gupta, Adv.
Dr. (Ms.) Vipin Gupta, Adv.
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Mr. Ritin Rai, Senior Advocate
Mr. Anuj P. Agarwala, Advocate
Mr. Aayush Agarwala, Adv.
Mr. PBA Legal, AOR
Mr. Rajeev Kumar Dubey, Adv.
Mr. Sanjay Jain, Adv.
Mr. Ashiwan Mishra, Adv.
Mr. Kamlendra Mishra, AOR
Mr. A.C.Mishra (Adv)
Mr. Niteen Kumar Sinha (Adv)
Ms. Reetu Saipawar (Adv)
Ms. Elana Salim (Adv)
Mr. Ram Naresh (Adv)
M/s ACM Legal (AOR)
Ms Aruna Gupta AOR
Mr Ramesh Allanki, Adv
Mr. Uddyam Mukherjee, AOR
Ms. Madhurika Ray, Adv.
Mr. Pramod Sharma, Adv.
Mr. Bhuwan Raj, AOR
Mr. Awanish Sinha, AOR
Mr. Chandra Shekhar Yadav, Adv.
Mr. Kaushal Kishore, Adv
Mr. Devendra singh, AOR
Mr. Devendra Kumar Singh, Adv.
Mr. Karunakar Mahalik, AOR
Mr. Saket Singh, Adv.
Ms. Niranjana Singh, AOR
Mr. Manjeet Singh Rathor, Adv.
Mr. Vikas Jain, AOR
Ms. Indrani Mukherjee, Adv.
Ms. Tatini Basu, AOR
Mr. Shashank Singh, Adv.
Mr. Kabir Dixit, AOR
Ms. Prerna Mehta, AOR
Mr. Naresh Aditya Madhav, Adv.
Mr. Jamnesh Kumar, Adv.
Mr. Himanshu Shekhar, AOR
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Mr. Arpit Rai, Adv.
Mr. Aviral Kashyap, AOR
Ms. Tanuj Bagga Sharma, AOR
Ms. Alka Goyal, Adv
Suman Tripathy, Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Abraham C. Mathews, Adv.
Mr. Mohammed Sadique T.A., AOR
Dr. Ritu Bhardwaj, Adv.
Mr. Naresh Kumar, AOR
Mr. Brijesh Kumar Tamber, AOR
Mr. Yashu Rustagi, Adv.
Mr. Saurabh Choudhary, Adv
Mr. N.P. Singh, Advocate.
Dr. Kedar Nath Tripathy, AOR
Mr. Raghunath Pathak, Adv.
Mr. Vijay Verma, Adv. F
Mr Tarun Diwan Adv
Mr. Sumit Kumar, AOR
Mr. Rajesh Pathak Advocate
Ms. Kumari Supriya Adv
Mr Hemant Kumar Adv
Ms Ms Pari Adv
Mr. Ajit Kumar Sinha Sr. Advocate
Mr. Parul Dhurve, Adv.
Mr. Omanakuttan K.K., AOR
Mr. Deepak Prakash, Advocate on Record
Mr. Pawan Kr. Dabas, Advocate
Mr. Subhash Choudhary, Advocate
Mr. Nachiketa Vajpayee, Advocate
Ms. Divyangna Malik, Advocate
Mr. Vaijayant Khanna, Advocate
Ms. Vishnu Priya, Advocate
Mr. Rachit Mittal, Adv.
Ms. Pooja Kapur, Adv
Mr. Sudhir Naagar, AOR
Mr. V. Giri, Sr. Adv
Mr. Amith Krishnan, Adv
Ms. Anushruti, Adv
Ms. Simran Arora, Adv
Mr. Subhash Choudhary, Adv
Mr. Raj Duggal, Adv.
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Ms. Udita Singh, AOR
Mr. Ashok Mathur, AOR
M/s. Devasa & Co., AOR
Mr. O. P. Gaggar, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mr. G. Balaji, AOR
Mr. Aniruddha P. Mayee, AOR
Mr. Gaurav Goel, AOR
Mr. Akhilesh Kumar Pandey, AOR
Ms. Rakhi Ray, AOR
Mr. Badri Prasad Singh, AOR
Ms. Sayaree Basu Mallik, AOR
Mr. Shishir Pinaki, AOR
Ms. Pallavi Pratap, AOR
Mr. Raj Kamal, AOR
Mr. Amit Pawan, AOR
Mr. Kumar Mihir, AOR
Mr. Sukant Vikram, AOR
Mr. Manish Kumar Saran, AOR
Mr. Kailash Prashad Pandey, AOR
Mr. Abdul Azeem Kalebudde, AOR
Mr. Shadan Farasat, AOR
Mr. Gopal Jha, AOR
Mr. Abhijit Sengupta, AOR
Mr. Rabin Majumder, AOR
Mr. Rajesh Kumar Gupta, AOR
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Mr. B. Krishna Prasad, AOR
Mr. Siddhartha Jha, AOR
Ms. Rajkumari Banju, AOR
Mr. Sonal Jain, AOR
Mr. K. Paari Vendhan, AOR
Ms. Sujata Kurdukar, AOR
Mr. Sanjai Kumar Pathak, AOR
Mr. Ajit Sharma, AOR
M/s. Shakil Ahmad Syed, AOR
Ms. Mona K. Rajvanshi, AOR
Mr. Somesh Chandra Jha, AOR
Ms. Kirti Renu Mishra, AOR
Ms. Shilpa Liza George, AOR
Ms. Dharitry Phookan, AOR
Ms. Astha Sharma, AOR
Ms. Anannya Ghosh, AOR
Mr. S. K. Verma, AOR
Mr. Somanatha Padhan, AOR
Mr. Aakarshan Aditya, AOR
Mr. Christopher Dsouza, AOR
Mr. Vishal Gupta, AOR
M/s. D.S.K. Legal, AOR
Mr. Vishnu Sharma, AOR
Mr. Pawanshree Agrawal, AOR
Mr. Ashwarya Sinha, AOR
Mr. Vipin Kumar Jai, AOR
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Mr. Sureshan P., AOR
Ms. Mridula Ray Bharadwaj, AOR
Mr. B. K. Satija, AOR
Mr. G. N. Reddy, AOR
Mr. Gaurav, AOR
` Mr. Jay Kishor Singh, Adv.-in-person
Mr. Chakresh Jain
Mr. Joginder Singh, Petitioner-in-person
Mr. Mishra Saurabh, AOR
Mr. D. S. Chauhan, AOR
Mr. Rishi Matoliya, AOR
Mr. Chandan Kumar, AOR
Mr. T. Mahipal, AOR
Ms. Chandan Ramamurthi, AOR
Mr. Chandra Prakash, AOR
Ms. Anindita Pujari, AOR
Mr. Sarvam Ritam Khare, AOR
Mr. Aneesh Mittal, AOR
Mr. Ravindra Sadanand Chingale, AOR
Ms. Bharti Tyagi, AOR
Ms. Suruchii Aggarwal, AOR
Mr. Anas Tanwir, AOR
Mr. Sumit Sinha, AOR
Mr. Praveen Chaturvedi, AOR
Mr. Kaushik Choudhury, AOR
Mr. Ritesh Agrawal, AOR
Mr. Mushtaq Ahmad, AOR
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Ms. Sneha Kalita, AOR
Ms. Charu Ambwani, AOR
Ms. Indra Sawhney, AOR
Mr. Malak Manish Bhatt, AOR
Mr. Kumar Sudeep, AOR
Ms. Anubha Agrawal, AOR
Mr. Aman Gupta, AOR
Mr. Alok Tripathi, AOR
Mr. Anil Kumar Mishra-I, AOR
Mr. E. C. Vidya Sagar, AOR
Ms. Anisha Upadhyay, AOR
Mr. Tahir Ashraf Siddiqui, AOR
Mr. Somiran Sharma, AOR
Mr. Rohit Amit Sthalekar, AOR
Ms. Swarupama Chaturvedi, AOR
Mr. Umesh Kumar Khaitan, AOR
Ms. Charu Mathur, AOR
M/s. Karanjawala & Co., AOR
Mr. Ejaz Maqbool, AOR
Mr. Sanchit Garga, AOR
Ms. Rashmi Singh, AOR
Mr. Pramod Dayal, AOR
Ms. Manisha Ambwani, AOR
Ms. Vandana Sehgal, AOR
Ms. Divya Roy, AOR
Mr. Anoop Prakash Awasthi, AOR
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Mr. B.S. Waghmare, Adv.
Mr. Hitesh Kr. Sharma, Adv
Mr. S.K. Rajora, Adv.
Mr. Akhileshwar Jha, Adv.
Mr. Subhash S. Kadam, Adv.
Mr. Ranjit Kumar Sharma, AOR
Mr. Rahul Joshi, AOR
Mr. Prateek K. Chadha, AOR
UPON hearing the counsel the Court made the following
O R D E R
PART – I A. Re.:I.A Nos. 57575, 57576 & 57672 of 2022(Vol. Z-393) These applications have been moved pertaining to matter under caption, “Attached Assests” dealt with in Part III (C) of the order dated 11.04.2022 and submit inter alia that the deposited money be invested in an interest bearing account.
List these applications alongwith all the matters pertaining to subject “Attached Assets” as first item on Board on 02.05.2022.
B. I.A Nos.50081, 50082 & 50084 of 2022 and 53779 of 2022 (Vol. Z-391) Mr. Ajit Kumar Sinha, learned Senior Advocate prays for and is granted liberty to withdraw the instant applications. I.As. are dismissed as withdrawn.
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Needless to say that if there be any remedy available in law, the applicant(s) will certainly be entitled to avail the same.
PART – II Mr. M.L.Lahoti, learned advocate has brought to our notice the fact that an external projection in the form of a slab on the 14 th floor of Zodiac Tower-H collapsed two days back. It is accepted that the construction in question was put up by the erstwhile agencies and not by NBCC.
Learned Court Receiver submits that remedial measures are being taken and that he has already requested NBCC to take all such precautionary measures as are deemed appropriate.
The concerned agencies shall look into the matter and check if similar such projections are likely to give in.
Part-III NOTE OF COURT RECEIVER DATED 17TH APRIL, 2022 I. SALE OF UNUSED FAR OF PRINCELY ESTATE Information pertaining to Solid Properties Pvt. Ltd., project has been given by learned Court Receiver in his note dated 17.04.2022.
It is submitted that a copy of the note has already been given to the learned counsel appearing for NOIDA and the matter is 19 still engaging the attention of the concerned. As and when the matter crystallizes, the learned Court Receiver may place appropriate submissions with regard to this subject. II. (MOVIE HALL MEERUT), OLD CINEMA HALL, MENKA CINEMA,NEAR GHANTAGHAR, MEERUT, UP In relation to this subject, it is submitted that certain properties belonging to Amrapali Group of Companies have been encroached upon, as a result of which those properties cannot be put to auction. Mr. Rachit Mittal, learned advocate appearing for Meerut Development Authority submits that the concerned Movie Hall is situated on a piece of land which is not part of the area under the jurisdiction of Meerut Development Authority; and as a matter of fact that piece of land comes within the jurisdiction of Meerut Administration through District Magistrate.
In the circumstances, we issue notice to the District Magistrate, Meerut. The Registry is directed to send a copy of the note pertaining to this subject to the District Magistrate, Meerut immediately. The District Magistrate, Meerut shall file an appropriate response on or before 06.05.2022 alongwith relevant details as to who are in possession and giving details about the extent of the area in their possession and the right, if any, claimed by them.
In case the property falls within the jurisdiction of Municipal Corporation, the District Magistrate may receive information from the concerned office and then file the response. 20
List this matter on 09.05.2022.
PART-IV (A) Re.: I.A. Nos.97096, 97097, 97093, 100940 and 100945 of 2021 (Vol.No.I-175); and, I.A. No.170191 of 2021 (Vol. No.I-184) Ms. Garima Prashad, learned Senior Advocate appearing for the State of Uttar Pradesh submits that for the purposes of Stamp Duty, the “Super Area” of an “Apartment” is to be reckoned and not “built-up” or “carpet area” of the Apartment. All the calculations leading to the imposition of stamp duty are based on “Super area” and this has been the practice for last several years. She submits that it is not, as if flat buyers in Amrapali Group of Companies are differently treated.
It is however, submitted by Mr. Chakresh Jain and Joginder Singh , appearing-in-person that the computation of stamp duty has to be linked with “carpet area” of an apartment and no flat purchaser ought to be required to pay anything over and above “carpet area” based calculations.
The disputes which are presently being looked into by this Bench are quite confined and essentially to see that the stalled Amrapali Projects are taken care of; and that the construction activities are resumed and the flat buyers are given possession of their apartments. Therefore, the instant controversy between the flat buyers on one hand and the State Administration on the other, ought not to detain us. We therefore, refuse to entertain these 21 applications but leave the applicants with remedy to approach the concerned authority/forum to ventilate their grievance. As and when such applications/petitions are made, the concerned authorities shall do well to dispose of the matter at the earliest and not later than two months. With these observations, the applications are disposed of.
(B) The questions regarding common area with respect to which Mr. Ravindra Kumar, learned Senior Advocate for NOIDA was requested to seek instructions, is deferred as Mr. Kumar is yet to receive appropriate instructions. Let this matter be listed on 09.05.2022.
PART – V
A) Re.: FUNDING BY BANKS
It is submitted by Mr. Alok Kumar, learned Advocate appearing for the Consotium of banks that appropriate documents executed between learned Court Receiver and Greater NOIDA/NOIDA Authorities have been received just yesterday and appropriate action in disbursing the funds shall be undertaken within next 48 hour.
Statement recorded.
List for reporting compliance on 02.05.2022.
B) Re.: SALE OF RESORT LAND AT UDAIPUR
The matter is adjourned to 25.04.2022.
PART-VI
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C) SUBVENTION LOAN ISSUE
This matter was dealt with by this Court in its order dated 29.10.2020, which extracted certain portions from the note circulated by learned Court Receiver.
It is accepted that as against the normal model where a flat buyer may independently approach any bank or financial institution for loan or financial accommodation, Amrapali Group of Companies had advertised that an arrangement was entered into with certain banks whose services could be availed of by the prospective flat buyers. As a part of this Scheme, an arrangement was contemplated, whereunder the bank would extend financial accommodation for the benefit of buyer but the money would be directly paid to the Developer/Amrapali Group of Companies; that there would be a period which was coined as “Free EMI Period” which normally coincided with the promised period within which the construction would be completed and the possession could be handed over. Thus, under this arrangement, a flat buyer was assured of two promises (a) till the construction was complete and possession was handed over to him the flat buyer would not be liable to make any payment towards EMIs to the bank with respect to the loan or financial accommodation enjoyed by him.
(b) The loan facility from the bank would be available regardless of the creditworthiness of the person, as the arrangement was brought about with the intervention of the Developer/ Amrapali Group of Companies.
With this scheme, known as Subvention Scheme, large number of 23 flat buyers were persuaded to book apartments. The Scheme was premised on the fundamental postulate of timely construction and completion of the project and assured date of possession. This basic postulate however, got shattered with the acts of commission on omission on part of Amrapali Group of Companies and the resultant effect was that though no construction was complete and the project was far from being ready, after the specified period in the agreement was over, the liability of the flat buyers to make payments towards EMIs arose. With large scale defaults on part of the buyers, the banks started consequential proceedings under the Recovery Of Debts Due To Banks And Financial Institutions ACT, 1993 before the Debt Recovery Tribunals. Some of the buyers who had given post-dated cheques are also facing prosecutions under Section 138 of the Negotiable Instruments Act, 1881.
In the circumstances, note prepared by learned Court Receiver after highlighting factual aspects of the matter, made following recommendations:
“9) It is suggested that the amounts paid by home buyer during the default period be adjusted by banks suitably towards the principal amount sanctioned by the banks and the interest penalty levied or calculated by banks during the Amrapali period, shall not be treated as the liability of buyers.
10) All proceedings pending against home buyers, initiated by banks before any forum, shall not be pursued and the CIBIL score of home buyers shall not be affected by reason of any of the proceedings initiated by banks against home buyers.” In its order dated 29.10.2020, this Court issued notices to
(i) Bank of Maharashtra, (ii) Union Bank (erstwhile Corporation, Bank and Andhra Bank, which have since then merged in the Union 24 Bank), and (iii) Canara Bank, which had extended the concerned facility and said Banks were asked to file their objections. By subsequent order dated 03.09.2021, notices were also issued to certain other banks viz Bank of Baroda, Punjab National Bank, Bank of India, State Bank of India, UCO Bank and Punjab & Sindh Bank who had also extended similar facilities.
The response filed by Union Bank of India (erstwhile Corporation Bank & Andhra Bank)1 has referred to RBI Circular dated 03.09.2013 and has stated that subvention arrangements are strictly prohibited in terms of said circular. It is further submitted that the arrangements entered into in every case were between the flat buyers and the Developer/ Amrapali Group of Companies and the bank was not a party to such transactions, though there was a tripartite Memorandum of Understanding at an anterior point of time.
We need not go into the question about the validity and correctness of the subvention arrangements or whether those arrangements were fraudulently entered into. The effect of the arrangement is quite evident and a flat buyer without there being any prospect of a completed apartment being handed over to him, is now saddled with liabilities arising out of the arrangements entered into with the Developer/ Amrapali Group of Companies.
Heard Mr. M.L. Lahoti and Mr. K. Mihir, learned advocates for the flat buyers and Mr. Alok Kumar, learned Advocate who appears for the Consortium of Banks including Union Bank of India. Considering the facts and circumstances on record, in our view,
1.[R-169 in Writ Petition (C)No.1206 of 2017)] 25 the interest of the flat buyers would be sub-served if following directions are passed:
(a) The accounts of the defaulting flat buyers who had availed of subvention facility, shall not be treated as ‘NPA Accounts”, nor shall their CIBIL Score be taken as “0” level.
(b) No bank shall impose penalty for defaults committed by the flat buyers. The banks shall however, be entitled to the principal amounts as well as the interest leviable in respect of such principal amounts.
(c) It is made clear that the liability to make all payments will arise after the project is complete and the possession is offered to the individual flat buyers but the flat buyer shall be liable to make good payment in terms of the agreement entered into with the Developer/Amrapali Group of Companies, In other words, the liability shall be from the date of default but it will stand deferred till the possession is offered to him.
At this stage, Mr. Alok Kumar states that most of the cases are of “ghost allocations”. He, therefore, submits that this facility be extended and made available to only those home-buyers who approach the banks and are willing to have their accounts regularized. We see force in the submission. Ordered accordingly.
The home-buyers shall approach the banks to have their accounts regularized within next two months. After such regularization, the money including the balance, if any, shall be disbursed by the banks immediately.
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PART-VII IA Nos.109596 & 109599 of 2020 and 109573 & 109576 of 2020 [Vols.Z-301 & 302] List these applications on 09.05.2022.
PART-VIII The matters concerning Surekha Family shall be taken up on 25.04.2022.
(INDU MARWAH) (VIDHYA NEGI) COURT MASTER (SH) BRANCH OFFICER