Delhi High Court - Orders
Col Sanjeev Dhawan And Ors vs Union Of India And Ors on 27 August, 2020
Author: Navin Chawla
Bench: Navin Chawla
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10337/2019
COL SANJEEV DHAWAN AND ORS. ..... Petitioners
Through: Ms.ZebaKhair, Mr.Afzal Shah Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.Anurag Ahluwalia, CGSC for R-
1,2,3 and 31with Mr.Abhigyan
Siddhant, Adv.
Mr.PulkitDeora and
Mr.NavyaKhillon, Advs. for R-4.
Mr.Jayant Mehta, Mr.RishiAgrawala
and Ms.Shruti Arora, Advs. for R-14.
Dr.Saif Mahmood, Adv. for R-15.
Mr.Rahul Malhotra and Ms.Himanshi
Anand, Advs. for R-28.
Mr.Abhishek Anand, Adv. for
Intervenor - Ireland Fiveriver
Homebuyers Welfare Association.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 27.08.2020 This hearing has been held by video conferencing.
CM No.20633/2020 (on behalf of the petitioner for stay)
1. By this application, the petitioners are praying for the following reliefs:
"a. To stay the proceedings at NCLT pending for consideration for Approval of the Resolution Plan sought by the Resolution Professional in the CIRP process in CP No.408/ND/2018 titled "WorxspacePvt.Ltd. vs.IreoFiveriversPvt. Ltd.
b. To pass necessary directions to Respondent No.3 SFIO to expedite the investigation to be conducted by them with respect to the fraud committed by Respondent Nos.5-12 envisaged vide order dated 11/03/2020 in Criminal Writ Petition bearing number 679/2020 arising out of the present proceedings.
c. Directions to Respondent Nos.5-12 to declare the land banks and other assets and restrain them not to alienate or create third party interest on those properties, pending the aforesaid SFIO investigation."
2. As far as the prayer 'a' is concerned, at the present stage, this Court is not inclined to interfere with the proceedings before the learned National Company Law Tribunal (NCLT). I am informed that the petitioners have filed their objections to the Resolution Plan submitted by the Resolution Professional. It would be for the NCLT to consider the same and pass an appropriate order.
3. As far as the prayer 'b' is concerned, the learned counsel for the SFIO submits that the investigation is being carried out, however, due to the voluminous record and the number of the companies involved in the same, it may take some additional time. The SFIO shall, therefore, within a period of four weeks from today, file a Status Report regarding the progress made in the investigation.
4. As far as the prayer 'c' is concerned, in view of the order dated 07.02.2020, no relief cannot be granted to the petitioners at this stage.
5. The application is disposed of with the above observations. W.P.(C) 10337/2019 List this petition as per the general directions of listing of the Delhi High Court.
NAVIN CHAWLA, J AUGUST 27, 2020/Arya