Supreme Court - Daily Orders
Bikram Chatterji vs Union Of India on 4 January, 2021
Bench: Uday Umesh Lalit, Ashok Bhushan
1
ITEM NO.301 COURT NO.3 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
(Issues related to Funding by Banks; Surekha Family; Matter
concerning re-employment/extension of services of Mr. R. K.
Aggarwal; Matters related to La Residentia; Matter related to Mr.
Ajay Kumar; IA No.114868/2020 – FOR APPROPRIATE ORDERS/DIRECTIONS;
IA No.89379/2020 – FOR CLARIFICATION/DIRECTION; IA No.122225/2020 –
FOR CLARIFICATION/DIRECTION; IA No.189314/2019 – FOR COMPLIANCE OF
COURTS ORDER; IA No.109882/2020 – FOR INTERVENTION; IA
No.114865/2020 – FOR INTERVENTION/IMPLEADMENT; IA No.122221/2020 –
FOR INTERVENTION/IMPLEADMENT; IA No.122226/2020 – FOR MODIFICATION
OF COURT’S ORDER; IA No.60700/2020 – FOR PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES; IA No. 127793/2019 – FOR
RECALLING THE COURT’S ORDER; and, IA No. 127787/2019 – 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)
W.P.(C) No.1018/2017 (X)
W.P.(C) No.1206/2017 (X)
W.P.(C) No.134/2018 (X)
Signature Not Verified
Digitally signed by Dr.
Mukesh Nasa
Date: 2021.01.07
W.P.(C) No.131/2018 (X)
12:36:22 IST
Reason:
W.P.(C) No.164/2018 (X)
2
W.P.(C) No.199/2018 (X)
W.P.(C) No.226/2018 (X)
W.P.(C) No.281/2018 (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)
W.P.(C) No.460/2018 (X)
W.P.(C) No.353/2018 (X)
W.P.(C) No.742/2018 (X)
W.P.(C) No.829/2018 (X)
W.P.(C) No.1397/2018 (X)
W.P.(C) No.502/2019 (X)
Diary No.36392/2019 (X)
CONMT. PET.(C) No.483/2020 in W.P.(C) No.940/2017 (X)
(IA No.109286/2020 - FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/
FACTS/ANNEXURES)
W.P.(C) No.947/2017 (X) W.P.(C) No.942/2017 (PIL-W) W.P.(C) No.971/2017 (X) W.P.(C) No.1041/2017 (X) W.P.(C) No.1116/2017 (X) W.P.(C) No.1144/2017 (X) W.P.(C) No.1156/2017 (X) 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) 3 W.P.(C) No.52/2018 (X) W.P.(C) No.56/2018 (X) W.P.(C) No.91/2018 (X) W.P.(C) No.57/2018 (X) W.P.(C) No.74/2018 (X) W.P.(C) No.160/2018 (X) W.P.(C) No.182/2018 (X) Date : 04-01-2021 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. Himanshu Shekhar, AOR Mr. Siddhartha Dave, Sr. Adv. Mr. Gudipati G. Kashyap, Adv. Ms. Apoorva Pandey, Adv. Ms. T. Archana, AOR Mr. Manoj Singh, Adv.
Mr. Subas Ray, Adv.
Mr. Sanjay Kumar Visen, AOR Mr. Vikramjit Banerjee, ASG Mr. Mukul Singh, Adv.
Mr. Vikrant Yadav, Adv.
Mr. Vibhu Shankar Mishra, Adv. Mr. R.R. Rajesh, Adv.
Mr. Raj Bahadur Yadav, AOR 4 Mr. Vikramjit Banerjee, ASG Mr. Vibhu Shankar Mishra, Adv. Mr. Mukul Singh, Adv.
Mr. B.V. Balaram Dass, AOR Mr. Vikramjit Banerjee, ASG Ms. V. Mohna, Sr. Adv.
Mr. Prashant Singh A., Adv. Mr. Mukul Singh, Adv.
Ms. Anil Katiyar, AOR Mr. Vikramjit Banerjee, ASG Mr. Prashant Singh A., Adv. Mr. Mukul Singh, Adv.
Mr. B. Krishna Prasad, 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, AOR Mr. V.K. Shukla, Sr. Adv. Mr. Shekhar G. Devasa, Adv. 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.
Mr. Vaibhav Maheshwari, Adv. M/s. Devasa & Co., AOR Mr. P.N. Misra, Sr. Adv.
Mr. Niraj Gupta, AOR Md. Fuzail Khan, Adv.
Ms. Anshu Gupta, Adv.
Mr. Rakesh Khanna, Sr. Adv. Mr. Niraj Gupta, AOR Md. Fuzail Khan, Adv.
Ms. Anshu Gupta, Adv.
Mr. Joy Basu, Sr. Adv.
Mr. Kanak Bose, Adv.
Mr. Varun Sarin, Adv.
Mr. Ashok Mathur, AOR 5 Mr. V. Giri, Sr. Adv.
Mr. Amith Krishnan, Adv. Mr. Dhruv Gandhi, Adv.
Ms. Udita Singh, AOR Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Kavin Gulati, Sr. Adv. Mr. Amit Bhandari, Adv.
Ms. Pavni Poddar, Adv.
Ms. Anubha Agrawal, AOR Mr. Gopal Shankaranaryanan, Sr. Adv. Mr. Raj Kamal, AOR Mr. Maheen Pradhan, Adv. Mr. Aseem Atwal, Adv.
Mr. Kartavya Batra, Adv. Mr. Sidharth Luthra, Sr. Adv. Mr. Gaurav Goel, AOR Mr. Manoj Singh, Adv.
Ms. Varsha Madhukar, Adv. Mr. Rajesh Kumar, Adv.
Mr. Keshav Mohan, Adv Mr. R.K Awasthi, Adv Mr. Prashant Kumar, Advocate Mr. Piyush Vatas, Adv.
Ms. Ritu Arora, Adv.
Mr. Santosh Kumar–I, AOR 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. Nirmal Kumar Ambastha, AOR Mr. Amit Kumar, Adv.
Ms. Ashmita Bisarya, Adv. Ms. Arati Kumai, Adv.
Mr. Harsh Mohan Ojha, Adv. Mr. Shubham Bhalla, AOR Mr. Yajur Bhalla, Adv.
Mr. Deepak Samota, Adv.
Mr. Vijay Kumar Dwivedi, Adv. Ms. Priyanka Das, Adv.
Mr. Ram Ekbal Roy, Adv.
Mr. Sandeep Jha, Adv.
Ms. Neha Das, Adv.
Mr. Binay Kumar Das, AOR 6 Mr. Talha A. Rahman, AOR Mr. Pawan Bhushan, Adv.
Mr. Adnan Siddiqui, Adv. Mohd. Shaz Khan, Adv.
Mr. Udit Atul Konkanthankar, Adv. Mr. Mohit Chaudhary, Adv. Ms. Puja Sharma, Adv.
M/s. Kings And Alliance LLP , AOR Mr. Kunal Sachdeva, Adv. Mr. Shyam Singh Yadav, Adv. Mr. Imran Ali, Adv.
Ms. Garima Sharma, Adv.
Mr. Balwinder Singh Suri, Adv. Mr. Vardhan Gupta, Adv.
Mr. Parras Mithal, Adv.
Mr. Parveen Kumar, 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. E. R. Sumathy, AOR Ms. Savita Aggarwal, Adv. Ms. S. Spandana Reddy, Adv. Mr. Ramesh Babu M. R., AOR Ms. Manisha Singh, Adv.
Ms. Nisha Sharma, Adv.
Ms. Arti Singh, AOR Mr. Aakashdeep Singh Roda, Adv. Ms. Pooja Singh, Adv.
Mr. Pradhuman Gohil, Adv. Ms. Taruna Singh Gohil, AoR Ms. Ranu Pursuit, Adv.
Ms. Tanya Srivastava, Adv. Ms. Riya Chopra, Adv.
Mr. Anis Ahmed Khan, AOR Ms. Purti Gupta, Adv.
Ms. Henna George, Adv.
Ms. Twisha Issar, Adv.
Mr. Ravindra Sadanand Chingale, AOR Mr. Kaushal Yadav, AOR Mr. Nandlal Kumar Mishra, Adv. Mr. Sandeep Mishra, Adv. Mr. Pramod Kumar, Adv.
Mr. Shafik Ahmed, Adv.7
Mr. Manoj V. George, Adv. Ms. Shilpa Liza George, AOR Ms. Renjit Philip, Adv.
Ms. Bhavika, Adv.
Mr. Sourabh Mishra, Adv. Mr. Bishwajit Dubey, Adv. Ms. Srideepa Bhattacharyya, Adv. Ms. Sanskriti Sidana, Adv. M/s. Cyril Amarchand Mangaldas, AOR Mr. Rahul Malhotra, Adv. Ms. Himanshi Madan, Adv. Mr. Rajesh P., AOR Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv.
Mr. Devendra Kumar Singh, Adv. Mr. Karunakar Mahalik, AOR Mr. Alok Kumar, Adv.
Mr. Kedar Nath Tripathy, AOR Mr. Brijesh Kumar Tamber, AOR Mr. M. T. George, AOR Ms. Richa Kapoor, AOR Mr. O. P. Gaggar, AOR Mr. D. S. Chauhan, AOR Ms. Mayuri Raghuvanshi, AOR Mr. Arpit Rai, Adv.
Mr. Aviral Kashyap, AOR Ms. Indrani Mukherjee, Adv. Ms. Tatini Basu, AOR Ms. Garima Prashad, AOR Mr. Abhitosh Pratap Singh, Adv. Ms. Shobha Gupta, AOR Ms. Prachi Apte, Adv.
Mr. Saket Singh, Adv.
Ms. Niranjana Singh, AOR 8 Ms. Kirti Renu Mishra, AOR Ms. Apurva Upmanyu, Adv. Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv.
Mr. Rohit Kumar Singh, AOR Mr. Shubham V. Gawande, Adv. Suman Tripathy, Adv.
Mr. Rameshwar Prasad Goyal, AOR Mr. Rajul Shrivastav, Adv. Mr. Mohit D. Ram, AOR Mr. Suren Uppal, Adv.
Mr. Praveen Chaturvedi, AOR Mr. Aniruddha P. Mayee, AOR Mr. Ashok Kumar Singh, AOR Ms. Ranjana Roy Gowai, Adv. Mr. Shadan Farasat, AOR Mr. A.P. Mohanty, AOR Mr. Gopal Jha, AOR Mr. G. Balaji, AOR Mr. Binay Kumar Das, AOR Ms. Jasmine Damkewala, AOR Mr. Prithvi Pal, AOR Mr. Vivek Narayan Sharma, AOR Ms. Sangeeta Singh, AOR Mr. Shovan Mishra, AOR Ms. Sayaree Basu Mallik, AOR Mr. Naresh Kumar, AOR 9 Mr. Shishir Pinaki, AOR Ms. Pallavi Pratap, AOR Mr. Amit Pawan, AOR Mr. Kumar Mihir, AOR Mr. Sukant Vikram, AOR Mr. Manish Kumar Saran, AOR Mr. Kailash Prashad Pandey, AOR Mr. Himanshu Shekhar, AOR Mr. Abdul Azeem Kalebudde, AOR Mr. Mohammed Sadique T.A., AOR Mr. Akhilesh Kumar Pandey, AOR Ms. Rakhi Ray, AOR Mr. Badri Prasad Singh, AOR Mr. Gaurav Goel, AOR Mr. Balaji Srinivasan, AOR Mr. Rabin Majumder, AOR Mr. Abhijit Sengupta, AOR Mr. Rajesh Kumar Gupta, AOR Mr. Mukesh Kumar Maroria, AOR Mr. Sumit Sinha, AOR Mr. Kaushik Choudhury, AOR Ms. Charu Ambwani, AOR Mr. Mushtaq Ahmad, AOR Mr. Malak Manish Bhatt, AOR 10 Ms. Indra Sawhney, AOR Mr. Aman Gupta, AOR Mr. Anil K. Chopra, AOR Mr. Dharmendra Kumar Sinha, AOR Mr. Umesh Kumar Khaitan, AOR Ms. Anisha Upadhyay, AOR Mr. Anil Kumar Mishra-I, AOR M/s. Karanjawala & Co., AOR Mr. Somiran Sharma, AOR Mr. Rohit Amit Sthalekar, AOR Mr. Jasmeet Singh, AOR Mr. Chandan Kumar, AOR Mr. Sanjay Kumar Dubey, AOR Ms. Swarupama Chaturvedi, AOR Mr. Pramod Dayal, AOR Ms. Charu Mathur, AOR Ms. Divya Roy, AOR Mr. Balraj Dewan, AOR Mr. Sanchit Garga, AOR Mr. Aditya Jain-1, AOR Ms. Vandana Sehgal, AOR Mr. Syed Mehdi Imam, AOR Ms. Chandan Ramamurthi, AOR Ms. Kamakshi S. Mehlwal, AOR Mr. Rajat Mittal, AOR 11 Ms. Rajkumari Banju, AOR Mr. Shantwanu Singh, AOR Mr. K. Paari Vendhan, AOR Mr. Kabir Dixit, AOR Ms. Sujata Kurdukar, AOR Mr. Sanjai Kumar Pathak, AOR Ms. Prerna Mehta, AOR Ms. Mona K. Rajvanshi, AOR Mr. Ritesh Agrawal, AOR Mr. Somesh Chandra Jha, AOR Mr. Vishal Gupta, AOR Ms. Astha Sharma, AOR Ms. Dharitry Phookan, AOR Mr. Abhinav Ramkrishna, AOR Mr. E. C. Vidya Sagar, AOR Mr. Somanatha Padhan, AOR Ms. Anannya Ghosh, AOR Mr. S. K. Verma, AOR M/s. D.S.K. Legal, AOR Mr. Aakarshan Aditya, AOR Mr. Christopher Dsouza, AOR Mr. Deepak Prakash, AOR Mr. Pawanshree Agrawal, AOR Mr. G. N. Reddy, AOR Mr. Abhinav Shrivastava, AOR 12 Mr. Ashwarya Sinha, AOR Mr. Vipin Kumar Jai, AOR Mr. Tahir Ashraf Siddiqui, AOR Ms. Mridula Ray Bharadwaj, AOR Mr. Sureshan P., AOR Mr. Vishnu Sharma, AOR Mr. Gaurav, AOR Mr. B. K. Satija, AOR Mr. Chandra Prakash, AOR Mr. Ejaz Maqbool, AOR Mr. Mishra Saurabh, AOR Ms. Rashmi Singh, AOR Mr. T. Mahipal, AOR Mr. Abhigya Kushwah, AOR Mr. Anas Tanwir, AOR Mr. Anoop Prakash Awasthi, AOR Mr. Sarvam Ritam Khare, AOR Ms. Anindita Pujari, AOR Mr. Siddhartha Jha, AOR Ms. Bharti Tyagi, AOR Mr. Dheeraj Nair, AOR Mr. Aneesh Mittal, AOR Ms. Suruchii Aggarwal, AOR Mr. Ajit Sharma, AOR 13 PART-I NOTE SUBMITTED BY MR. R. VENKATARAMANI, COURT RECEIVER (30th NOVEMBER 2020) A. RE: FUNDING BY BANKS This issue was dealt with on last three occasions and the Indian Banks Association as well as the representatives of State Bank of India (merged), Bank of India, Bank of Maharashtra, Punjab National Bank (merged), Bank of Baroda (merged), Canara Bank (merged), Central Bank of India, Union Bank (merged), UCO Bank, Indian Overseas Bank, Axis Bank & HDFC Bank Ltd., were requested to have a meeting with the learned Receiver.
It is submitted by the learned Receiver that despite all his attempts, discussions are not proceeding further and no concrete solutions are emerging from the discussions. Learned counsel appearing on behalf of Bank of Baroda (Mr. Bishwajit Dubey, Adv.), Bank of Maharashtra and Canara Bank (Mr. Brijesh Kumar Tamber, Adv.), HDFC Ltd. (Mr. Rahul Malhotra, Adv.), Axis Bank (Mr. Devendra Kumar Singh, Adv.), State Bank of India (Ms. Megha Karnwal, Adv.), Central Bank of India (Mr. O.P. Gaggar, Adv.), Punjab National Bank (Mr. M.T. George, Adv. and Ms. Arti Singh, Adv.), and, Indian Overseas Bank (Ms. Mayuri Raghuvanshi, Adv.), have assured this Court that the concerned representatives of their respective Banks 14 shall earnestly look into the matter so that the discussions take a concrete shape.
We, therefore, request the learned counsel as well as their concerned representatives to remain present and participate in the discussions with the learned Receiver as early as possible so that the agreed consensus can be presented for consideration by this Court.
The learned Receiver is at liberty to fix the meetings with advance intimation to the learned counsel for the Banks.
List this issue for consideration on 18.01.2021. B. Re.: Re-Engagement/Extension of Services of Mr. R.K. Aggarwal, Senior Executive Director (Engg.), attached with NBCC Pursuant to the observations made by this Court in its order dated 07.12.2020, a Report enclosing concerned Circular, has been filed on behalf of the NBCC.
Mr. Siddhartha Dave, learned Senior Advocate submits that Mr. R.K. Aggarwal, if he is so interested, can be engaged as Principal Expert on terms indicated in the Report and the documents appended thereto.
He further submits that Mr. Aggarwal however has not yet expressed his consent.15
We request the learned Receiver to get in touch with Mr. Aggarwal so that the matter can be resolved on the next occasion.
List this issue for disposal on 11.01.2021. C. Re.: COMMUNICATION RECEIVED REG. MR. PREM MISHRA List this matter on 11.01.2021.
PART-II NOTE SUBMITTED BY MR. M.L. LAHOTY, ADVOCATE A. RECOVERY OF Rs.912.72 CRORES FROM DIRECTORS, CFO CHANDER WADHWA & OTHERS This matter was dealt with on 23.11.2020 and it was directed to be proceeded further in the manner indicated in said order.
Mr. Manoj Singh, learned Advocate representing Mr. Anil Kumar Sharma and other related individuals, submits that appropriate response has been preferred and copies thereof have been served upon the learned Receiver and Mr. Pavan Aggarwal, Forensic Auditor.
The learned Receiver and Mr. Aggarwal agree that the matter shall be dealt with at the earliest and preferably within three months, whereafter a preliminary report, as suggested in the order dated 23.11.2020, shall be filed in this Court.16
List this issue for further consideration on 01.02.2021. B. Re.: RECOVERY OF Rs.7.23 CRORES FROM M/s. ACE INFRACITY DEVELOPERS PVT. LTD.
The Office Report indicates that a sum of Rs.5,00,00,000/- has been deposited by Mr. Keshav Mohan, learned Advocate on behalf of M/s. ACE Infracity Developers Pvt. Ltd. in terms of the order dated 02.11.2020.
Pursuant to the notice issued to Mr. Santosh Kumar Chaubey and Mr. Nishant Chaubey, Ms. Ranjana Roy Gowai, learned Advocate submits that she has instructions to enter appearance on their behalf. She prays for and is granted time to file an appropriate response.
List this matter for further consideration on 18.01.2021. C. Re.: IA Nos.122221, 122225 & 122226 of 2020 (Vol. No.Z-331) In keeping with the direction issued on the last occasion, an affidavit in compliance (Vol. No.R-137) has been filed on behalf of Mr. Ajay Kumar submitting inter alia:-
“2. The deponent submits that neither he nor any of his relations, family members or any entities with which he is or was associated at any juncture, have or had any connection with any plot in Savanna Villa, Jaypee Greens, Noida.
3. The deponent further submits that he has/had no interest in property bearing no.E-014, Savanna Villa, Jaypee Greens, Noida.” 17 The copies of the applications and the aforesaid affidavit be served upon Mr. Pavan Aggarwal, Forensic Auditor to enable him to assist this Court.
List this matter for further consideration on 11.01.2021. D. Re.: IA Nos.109596 & 109599 of 2020 (Vol. No.Z-
301 & R-116); I.A. No.109573 of 2020 (Vol. No.Z-302) and I.A. No.111339 of 2020 (Vol. No.Z-
313) Pursuant to the direction issued on the last occasion, an affidavit has been filed on behalf of M/s. Shahi Infrastructure Pvt. Ltd. (‘the Company’, for short) Mr. Suren Uppal, learned Advocate, instructed by Mr. Praveen Chaturvedi, learned Advocate, appearing for the Company submits that he has not yet received copy of the response filed on behalf of Amrapali Group of Companies. Mr. Manoj Singh, learned counsel appearing for Amrapali Group of Companies is directed to furnish a copy of the concerned response to the learned counsel appearing for the Company.
Mr. Rakesh Khanna and Mr. P.N. Misra, learned Senior Advocates appearing for the applicants, submit that copies of their applications have already been served upon the learned counsel.
18Mr. Suren Uppal, learned counsel submits that I.A. No.201/2021 (Vol. No.339) has been filed by the Company for issuance of certain directions and said application may also be considered alongwith this matter. List these applications for disposal on 11.01.2021. E. RECOVERY OF LEASE RENTALS FROM ATTACHED PROPERTIES While dealing with this issue in Part-V of the order dated 07.12.2020, this Court had directed issuance of notices to Punjab National Bank, Deoghar and, Corporation Bank, New Delhi.
A response (Vol. No.R-410) has been filed on behalf of the Punjab National Bank. Let a copy of said response be given to Mr. Pavan Aggarwal, Forensic Auditor. Mr. Alok Kumar, learned Advocate appearing for the Corporation Bank, prays for and is granted a week’s time to file the response, with advance copy to the learned Receiver and to Mr. Pavan Aggarwal, Forensic Auditor. Mr. Arpit Rai, learned Advocate appearing for Vaishnavi Vahini Mount Life Hospitality Pvt. Ltd. shall also be given copies of the responses.
List this matter for consideration on 18.01.2021. 19 F. Re.: LEASE RENTALS BY PROMHEX PLUS HEALTH CARE PVT. LTD. A letter has been received from the Registrar, Debt Recovery Tribunal stating that Rs.18,00,000/- have been deposited by Mr. Ajay Kohli, on behalf of Promhex Plus Health Care Pvt. Ltd. (‘Promhex”, for short) towards lease rentals. The break-up of the details given in the letter are as under:
A. Details of Amount received in Amrapauli Account in DRT-3, Delhi Sl. Amount Details of Amount Date Amount Balance Date of No. received from rent Due Recd. remittance payment to SC
1. Shri Ajay Kohli, July 2020 9,00,000 17.08.20 2,00,000 4,50,000 Lying Promhex Plus 26.08.20 2,50,000 with us.
Health Care Pvt. Ltd. Aug. 2020 9,00,000 19.09.20 1,50,000 4,50,000 Lying 30.09.20 3,00,000 with us Sep. 2020 9,00,000 22.10.20 1,00,000 7,00,000 -do-
31.10.20 1,00,000 Oct. 2020 9,00,000 20.11.20 7,00,000 2,00,000 -do- TOTAL 3600000 1800000 1800000 1800000 Mr. Nirmal Kumar Ambastha, learned Advocate for Promhex submits that all the concerned details about Lease Rentals paid by Promhex shall be submitted on an affidavit within three days from today and all the arrears shall be cleared within three weeks and that an appropriate Undertaking to that effect shall be filed within a week. 20 The amount lying in deposit with the Registrar, Debt Recovery Tribunal, be transmitted to the Registry of this Court and shall be credited to the account maintained for Amrapali Group of Companies by the Registry. Promhex is directed to deposit the Lease Rentals from January 2021 directly into said account maintained by the Registry of this Court and any such deposit shall be given due credit by the Debt Recovery Tribunal.
PART-III LA-RESIDENTIA PROJECT [I.A. No.109882 of 2020 (Vol. No.Z-309 & Vol. No.R-103);
and, I.A No.168186 of 2018 (Vol. No.Z-68) List this matter on 11.01.2021 as Part-Heard, at the top of the Board.
PART-IV Re.: SUREKHA FAMILY List this matter on 18.01.2021.
PART-V IA No.89379 of 2020 (Vol. No.I-142) On 16.11.2020, certain observations were made by this Court while adjourning the matter so that the learned Receiver could look into the issue.
21At the request of the learned Receiver, this issue is adjourned to 11.01.2021.
PART-VI A. I.A. No.128992 of 2020 (Vol. No.I-159) This application has been preferred by Odisha State Housing Board seeking extension of time for completing e- auction of land in compliance of orders dated 14.10.2019, 13.01.2020 and 13.08.2020 passed by this Court. In the circumstances, the extension as prayed for is granted up to 31.03.2021.
An appropriate Status Report be filed in this Court on or before 07.04.2021.
List this matter for consideration on 12.04.2021.
B. Re: THE BIDS INVITED BY THE NEW RAIPUR
DEVELOPMENT AUTHORITY
In order dated 14.10.2019, following observations were made by this Court:
“We have also heard Mr. Purushaindra Kaurav, learned senior counsel, appearing on behalf of the New Raipur Development Authority. It has been pointed out that a sum of Rs.19,38,74,175/-has been deposited with respect to three plots located in Sectors 24, 26 and 30. As against plot in Sector 24, Bank Guarantee of Rs.81,43,319/- has been furnished that has not been encashed. However, in the report of the Forensic Auditors it has been pointed out that a sum of Rs.24,30,38,988/- has been deposited by Amrapali Ultra Homes Private Limited. However, the licence agreement hasbeen terminated on 01.12.2017, during the pendency of the matter in this Court and it is submitted that the plots have not been auctioned so far.22
Be that as it may, we also direct the New Raipur Development Authority to reconcile the account and to find out the exact position of the deposits made by the Amrapali Ultra Homes Private Limited that whether a sum of Rs.19,38,74,175/- has been deposited or Rs.24,30,38,988/-, as stated in the Forensic Auditors Report,and on reconciliation if some more amount is found the same shall be deposited in the Registry of this Court along with Rs.19,38,74,175/-, within four weeks, in the account opened by the Registry in UCO Bank. As the fresh auction has not been made, we direct the New Raipur Development Authority also to put the plots in question for auction, under the order the Amrapali Group shall not claim any rights against the Development Authority or against the purchaser. Let the bids be invited within a period of six weeks.” Mr. Mohit D. Ram, learned Advocate appearing for the New Raipur Development Authority submits that a sum of Rs.19,38,74,175/- has since then been deposited in the Registry of this Court. He also submits that a response in relation to the queries raised by this Court has also been filed.
Let a copy of the response be given to the learned Receiver and Mr. M.L. Lahoty, learned Advocate.
List this matter for further consideration on 11.01.2021.
PART-VII Re: STATUS REPORT FILED BY THE ENFORCEMENT DIRECTORATE On 23.11.2020, at the request of Mr. Sanjay Jain, learned ASG appearing for the Enforcement Directorate, time of four weeks was granted so that an appropriate Status Report could be filed.
Mr. Sanjay Jain, learned ASG submits that the Status Report shall be filed by tomorrow.23
In the circumstances, time of three days is granted to the Enforcement Directorate to file the appropriate Status Report in a sealed cover.
List this matter for consideration on 11.01.2021, as indicated in the earlier order.
PART-VIII I.A. No.77651 of 2020 (Vol. No.I-134) This matter was dealt with by this Court in its order dated 07.09.2020 and the applicant M/s. Mahagun Real Estate Pvt. Ltd. was granted relief on the conditions stipulated in said order.
It is a matter of record that a sum of Rs.35 Crores was deposited by the applicant in the Registry of this Court by 31.10.2020 and the second instalment has also been deposited and a communication to that extent has been received by the Registry from Mr. Ashok Mathur, learned Advocate representing the applicant. The first two instalments as described in the order dated 07.09.2020 have thus been deposited. List this matter for consideration on 05.04.2021.
PART-IX I.A. Nos.67992 and 67998 of 2020 (Vol. Nos.I-127 & I-128) At the request of the learned Court Receiver, list this matter for consideration on 11.01.2021. 24
PART-X I.A. No.110188 OF 2020 (Vol. No.Z-310) List on 18.01.2021 PART-XI Re.: RELEASE OF PAYMENT OF ARREARS TO THE COURT RECEIVER The Office Report indicates that the payments to the Staff of the learned Court Receiver were being made through the account of M/s. Amrapali Hospitality Services Pvt. Ltd. and the balance in the said account as of now is Rs.1,36,359/-. It is directed that all payments to the Staff of the learned Court Receiver shall hereafter be made through the account maintained by the Registrar of this Court with UCO Bank, Supreme Court (Account No.02070210002834) and not from any other Bank.
PART-XII All the remaining Interlocutory Applications on Board are adjourned for two weeks.
(MUKESH NASA) (VIRENDER SINGH) COURT MASTER BRANCH OFFICER