Supreme Court - Daily Orders
Bikram Chatterji vs Union Of India on 14 February, 2019
Bench: Arun Mishra, Uday Umesh Lalit
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ITEM NOS.301 COURT NO.5 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)
(IA No. 6608/2018 - CLARIFICATION/DIRECTION IA No. 125860/2018 -
CLARIFICATION/DIRECTION IA No. 140746/2018 -
CLARIFICATION/DIRECTION IA No. 96889/2018 - CLARIFICATION/DIRECTION
IA No. 138861/2018 - CLARIFICATION/DIRECTION IA No. 95273/2018 -
CLARIFICATION/DIRECTION IA No. 138856/2018 -
CLARIFICATION/DIRECTION IA No. 55922/2018 - CLARIFICATION/DIRECTION
IA No. 137609/2018 - CLARIFICATION/DIRECTION IA No. 51806/2018 -
CLARIFICATION/DIRECTION IA No. 137605/2018 -
CLARIFICATION/DIRECTION IA No. 152091/2018 -
CLARIFICATION/DIRECTION IA No. 130673/2018 -
CLARIFICATION/DIRECTION IA No. 146057/2018 -
CLARIFICATION/DIRECTION IA No. 128852/2018 - EXEMPTION FROM FILING
O.T. IA No. 135815/2017 - I/A U/S 152 R/W SECTINO 151 OF THE CODE
OF CIVIL PROCEDURE, 1908 SEEKING CLARIFICATIONS IN RESPECT O IA No.
6855/2018 - IA FOR GRANTING PERMISSION TO ACCESS THE PORTAL
FACILITY IA No. 168186/2018 - INTERVENTION APPLICATION IA No.
154433/2018 - INTERVENTION APPLICATION IA No. 169415/2018 -
INTERVENTION/IMPLEADMENT IA No. 135446/2018 - MODIFICATION IA No.
169613/2018 - MODIFICATION OF COURT ORDER IA No. 140269/2017 -
PERMISSION TO FILE APPLICATION FOR DIRECTION IA No. 50374/2018 -
VACATING STAY IA No. 143227/2018 - WITHDRAWAL OF CASE /
APPLICATION)
WITH
W.P.(C) No. 947/2017 (X)
(FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100453/2017
FOR CLARIFICATION/DIRECTION ON IA 6312/2018)
W.P.(C) No. 971/2017 (X)
(FOR CLARIFICATION/DIRECTION ON IA 102714/2017)
W.P.(C) No. 942/2017 (PIL-W)
(FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100082/2017
Signature Not Verified
FOR CLARIFICATION/DIRECTION ON IA 7366/2018
Digitally signed by
JAYANT KUMAR ARORA
Date: 2019.02.20
17:06:23 IST
FOR CLARIFICATION/DIRECTION ON IA 35933/2018
Reason:
FOR INTERVENTION/IMPLEADMENT ON IA 37155/2018
FOR [I/A ON BEHALF OF RESP. NO 13 SEEKING PERMISSION TO PURSUE
COMPANY APPLI. NO. 17(P.B) OF 2018 AND] ON IA 41987/2018)
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W.P.(C) No. 1041/2017 (X)
(FOR ON IA 109963/2017
FOR CLARIFICATION/DIRECTION ON IA 25742/2018
FOR CLARIFICATION/DIRECTION ON IA 35467/2018
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 60314/2018
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 64019/2018)
W.P.(C) No. 1018/2017 (X)
(FOR CLARIFICATION/DIRECTION ON IA 124195/2017
FOR CLARIFICATION/DIRECTION ON IA 7355/2018,
IA No. 124195/2017 - CLARIFICATION/DIRECTION)
W.P.(C) No. 1116/2017 (X)
W.P.(C) No. 1144/2017 (X)
(IA FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 124701/2017)
W.P.(C) No. 1156/2017 (X)
(FOR CLARIFICATION/DIRECTION ON IA 36571/2018
FOR impleading party ON IA 64349/2018
FOR INTERVENTION/IMPLEADMENT ON IA 64349/2018)
W.P.(C) No. 1206/2017 (X)
(FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 135678/2017)
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)
(FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 25842/2018)
W.P.(C) No. 91/2018 (X)
W.P.(C) No. 56/2018 (X)
W.P.(C) No. 57/2018 (X)
(FOR CLARIFICATION/DIRECTION ON IA 64604/2018)
W.P.(C) No. 74/2018 (X)
W.P.(C) No. 134/2018 (X)
(IA FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 27092/2018)
W.P.(C) No. 131/2018 (X)
(IA FOR [APPLICATION FOR STAY/DIRECTIONS] ON IA 25109/2018,)
W.P.(C) No. 160/2018 (X)
(FOR [PERM TO FILE SUBSQUENT EVENTS ON RECORD] ON IA 56300/2018)
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W.P.(C) No. 164/2018 (X)
W.P.(C) No. 182/2018 (X)
W.P.(C) No. 199/2018 (X)
W.P.(C) No. 226/2018 (X)
W.P.(C) No. 245/2018 (X)
(FOR ADMISSION)
W.P.(C) No. 281/2018 (X)
(IA FOR STAY APPLICATION ON IA 48296/2018)
W.P.(C) No. 306/2018 (X)
W.P.(C) No. 298/2018 (X)
W.P.(C) No. 246/2018 (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)
(FOR ADMISSION and IA No.57585/2018-STAY APPLICATION)
W.P.(C) No. 378/2018 (X)
W.P.(C) No. 742/2018 (X)
(FOR ADMISSION)
W.P.(C) No. 829/2018 (X)
(WITH APPLN(S) FOR GRANT OF INTERIM RELIEF)
W.P.(C) No. 866/2018 (X)
(WITH APPLN(S) FOR EXEMPTION FROM FILING O.T.)
SMC(Crl) No. 4/2018 (XVII)
W.P. (C) NO.1397/2018
(WITH APPLN(S) FOR EXEMPTION FROM FILING O.T.)
Date : 14-02-2019 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ARUN MISHRA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
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Counsel for the
parties
Ms. Geeta Luthra,Sr.Adv.
Mr. Alok K. Agarwal,Adv.
Mr. Apoorv Rastogi, Adv.
Mr. Ilhan Danish, Adv.
Mr. Manoj Singh, Adv.
Mr. Sahil Modi, Adv.
Mr. Anshul Duggal, Adv.
Mr. Pranav Vashishtha, Adv.
Mr. Gaurav Goel, Adv.
Ms. Arpita Dixit, Adv.
Mr. Gaurav Bhatia,AOR
Mr Alok Aggarwal, Adv.
Ms. Asmita Narula, Adv.
Mr. Karan Nagrath, Adv.
Mr. Altamish Siddiki, Adv.
Mr. Utkarsh Jaiswal, Adv.
Mr. Prateek Yadav, Adv.
Mr. Himanshu Shekhar Tripathi, Adv.
Mr. Harshal Kumar, Adv.
Ms. Shivani Luthra Lohiya, Adv.
Mr. Vikramjeet Banerjee, ASG
Mrs. V. Mohana, Sr. Adv.
Mr. Nalin Kohli, Adv.
Ms. Nimisha Menon, Adv.
Mr. Samrendra Kumar, Adv.
Mr. Vivek Kumar Srivastava, Adv.
Mr. Ramul Jaiswal, Adv.
Mr. Prashant Singh,Adv.
Mr. Vibhu Shankar Mishra, Adv.
Mr. Tanvir Nayar, Adv.
Mr. Mukul Singh,Adv.
Mr. Raj Bahadur Yadav, Adv.
Ms. Anil Katiyar, Adv.
Mr. Arvind Kumar Sharma,AOR
Mr. B.V.Balram Das, Adv.
Mr. Mukesh Kumar Maroria, Adv.
Mr. Vijay Kumar, Adv.
Mr. Thomas Oommen, Adv.
Mr. Aniruddha P. Mayee, Adv.
Mr. Anil Kumar Mishra,Adv.
Mr. Aditya Jain,Adv.
Mr. Pranjal Kishore, Adv.
Mr. Ankit Dhawan,Adv.
Ms. Sahithya Krishna, Adv.
Mr. Salman Khurshid, Sr. Adv.
Mr. Mohit Choudhary, Adv.
Mr. Sunil Kumar Dawar, Adv.
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Mr. Kunal Sachdeva, Adv.
Ms. Garima Sharma, Adv.
Mr. Imran Ali, Adv.
Ms. Srishti Gupta, Adv.
Mr. Aaryan Mehra, Adv.
Mr. Mayank Dawar, Adv.
Mr. Balwinder Singh Suri, Adv.
Ms. Puja Sharma, Adv.
for M/s Kings and Alliance
Ms. Jasmine Damkewala, Adv.
Ms. Shaurya Vardhan, Adv.
Ms. Preeti Thakur, Adv.
Mr. Ram Lal Ray, Adv.
Mr. P. N. Mishra, Sr. Adv.
Mr. Niraj Gupta, Adv.
Ms. Anshu Gupta, Adv.
Mr. Umair Ahmad Siddiqui, Adv.
Mr. R. S. Namdar, Sr. Adv.
Mr. K. S. Namedar, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Mr. S. K. Rajora, Adv.
Mr. Balraj Diwan, Adv.
Mr. Rakesh Khanna, Sr. Adv.
Mr. Niraj Gupta, Adv.
Ms. Anshu Gupta, Adv.
Mohd. Fuzail Khan, Adv.
Mr. Umair Ahmad Siddiqui, Adv.
Mr. Jain Abbas, Adv.
Ms. Vaishali Gupta, Adv.
Mr. M.L. Lahoty,Adv.
Mr. Paban K. Sharma,Adv.
Mr. Anchit Sripat,Adv.
Mr. Samar Ali, Adv.
Mr. Sumit Saurav, Adv.
Mr. Jamneesh Kumar, Adv.
Mr. Himanshu Shekhar,AOR
Mr. Sukant Vikram,AOR
Mr. Abhinav Ankit,Adv.
Mr. Anshumaan Sahni, Adv.
Mr. Yatish Mohan, Adv.
Ms. Vinita Mohan, Adv.
Mr. Amar Shakti Singh, Adv.
Mr. Sumant Kumar Jha, Adv.
Mr. Mrinal Harshvardhan, Adv.
Mr. Abhimanyu Shreshtha, Adv.
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Mr. Abhijit Sengupta, Adv.
Mr. Kumar Neeraj, Adv.
Mr. Pavan Bhushan, Adv.
Mr. Talha Abdul Rahman, Adv.
Ms. Ujwala Uppaluri, Adv.
Mrs. Gargi Khanna, Adv.
Mr. Gaurav Goel,AOR
Mr. G. Balaji,AOR
Ms. Shiva Vijaya Kumar,Adv.
Mr. Manoj Singh, Adv.
Mr. Abhishek Sharma, Adv.
Mr. Gaurav Goel, Adv.
Mr. Kunal Mimani,Adv.
Mr. Dheeraj Nair,AOR
Mr. Kumar Kislay, Adv.
Mr. Sandeep Jha,Adv.
Mr. Ram Ekbal Roy,Adv.
Mr. Binay Kumar Das,AOR
Mr. Kumar Mihir,Adv.
Mr. Sukant Vikram, Adv.
Mr. Shayaree Basu Malik,AOR
Mr. Varun Chopra, Adv.
Ms. Swarupama Chaturvedi, Adv.
Mr. Gurtejpal Singh, Adv.
Mr. Raj Kamal,AOR
Mr. Maheen Pradhan,Adv.
Mr. Benant Noor Singh Marok,Adv.
Mr. Varun Tyagi,Adv.
Mr. Aneesh Mittal,AOR
Ms. Shreya Sharma,Adv.
Mr. Nitin Jain, Adv.
Mr. S. B. Upadhyay, Sr. Adv.
Mr. Santosh Mishra, Adv.
Mr. Pawan Upadhyay, Adv.
Mr. Nishant Kumar, Adv.
Mr. Krishnam Mishra,Adv.
Mr. Param K. Mishra,Adv.
Mr. Shashank Singh,Adv.
Mr. Kabir Dixit, Adv.
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Ms. Anisha Upadhayay,AOR
Mr. Vivek Narayan Sharma,AOR
Mr. Ehraz Zafar, Adv.
Mr. Mohika Jain,Adv.
Mr. Pragyan Mishra, Adv.
Dr. Shesh Mani Pandey, Adv.
Mr. Ajay Singh,Adv.
Mr. Rajeev K. Jha,Adv.
Mr. Maneesh Pathak,Adv.
Mr. Avijit Mani Tripathi,Adv.
Mr. Himanshu Shekhar,AOR
Mr. Qamar Ali,Adv.
Mr. Sumit Saurav,Adv.
Mr. S.S. Ray,Adv.
Mr. Vaibhav Gulia,Adv.
Ms. Praveena Gautam,AOR
Mr. Abhinav Jain,Adv.
Mr. Prakash Chandra Sharma,Adv.
for Mr. Himanshu Shekhar,AOR
Mr. E.R. Sumathy,AOR
Ms. Savita Aggarwal,Adv.
Mr. Suman Tripathy, Adv.
Mr. Prem Prasoon, Adv.
Mr. R.P. Goyal, AOR
Mr. Girish Chand Tyagi,Adv.
Mr. Kailash Prasad Pandey,AOR
Mr. C.M.Patel, Adv.
Mr. Shadan Farasat,AOR
Ms. Rudrakshi Deo,Adv.
Ms. Jahnavi Sindhu, Adv.
Ms. Shruti Narayan, Adv.
MS. Meenakshi Arora, Sr. Adv.
Mr. Amol Sinha, Adv.
Mr. Rajiv Kochhar, Adv.
Mr. Sumit Sinha,AOR
Mr. Nitin Bajpai,Adv.
Ms. Neha Tanwar,Adv.
Mr. Vaibhav Pratap Chand,Adv.
For Mr. R.K. Banju,AOR
Ms. Shobha Gupta,AOR
8
` Mr. Sourav Roy,Adv.
Ms. Devahuti Tamuli,Adv.
Mr. Pritesh Kumar,Adv.
Ms. Jyoti Sharma,Adv.
For Mr. Mrigank Prabhakar,AOR
Mr. Ashok Kumar Singh, Adv.
Mr. Shantwanu Singh, Adv.
Mr. Murari Babu, Adv.
Mr. Chirojit Mukherjie,Adv.
Mr. Tushar Sharma, Adv.
Mr. Sarvagaya, Adv.
Mr. Shyam Divan, Sr. Adv.
Mr. Mishra Saurabh, Adv.
Mr. Devendra Nath Tripathi,Adv.
Mr. Anshuman Dwivedi,Adv.
Mr. Rohit Pandey,Adv.
Ms. Anushruti Tripathi,Adv.
Mr. R. Sathish,AOR
Mr. Mohan Das K.K.,Adv.
Mr. Rajesh Kumar,Adv.
Mrs. S. Geetha,Adv.
Mrs. Smitha Rani,Adv.
Mr. Amboj Kumar Sinha, AOR
Mr. Dhruv Gandhi, Adv.
Mr. Chadan Kumar,Adv.
Mr. Rituraj Biswas,Adv.
Mr. Rituraj Choudahry,Adv.
Mr. D. P. Singh, Adv.
Ms. Vandana Pai, Adv.
Mr. Devansh Arya, Adv.
Mr. Anurag Tandon, Adv.
Ms. Sonam Gupta,AOR
Mr. Gopal Jha, Adv.
Mr. Shreyash Bhardwaj, Adv.
Mr. G.R.Pandey, Adv.
Mr. Virender Goswami, Adv.
Mr. Gautam Narayan,AOR
Mr. Soni Singh, Adv.
Mr. Shamik Saha, Adv.
Mr. Shishir Pinaki,AOR
Mr. Shovan Mishra,AOR
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Ms. Sangeeta Singh, Adv.
Ms. Kanta Singh, Adv.
Mr. Vidya Pawar, Adv
Mr. Prakash Ranjan Nayak,AOR
Mr. Aniruddha P. Mayee,AOR
Mr. Vijay Kumar, Adv.
Mr. Thomas Oommen, Adv.
Mr. A.P. Mohanty,AOR
Mr. Pallav Mongia,AOR
Ms. Shreeya Tandon, Adv.
Ms. Prerna Mehta,AOR
Ms. Stuti Mishra, Adv.
Mr. Rohit Kumar Singh, Adv.
Mr. Rohit Pandey, Adv.
Mr. Prabhu Singh, Adv.
Ms. Anushruti Tripathi, Adv.
Mr. Balraj Dewan, Adv.
Mr. Rajul Shrivastava, Adv.
Ms. Anuradha Mishra, Adv.
Mr. Rajneesh C., Adv.
Mr. Varun Mohan, Adv.
Mr. Mohit D.Ram, Adv.
Mr. Kaushal Yadav, Adv.
Ms. Sunita Yadav, Adv.
Mr. Y.P.Singh, Adv.
Mr. Sunil Kumar Sethi, Adv.
Mr. Gautam Das, Adv.
Mr. C. M. Gopal, Adv.
Ms. Subasini Sethy, Adv.
Mr. Lalit Rana, Adv.
Mr. Tahir Ashraf Siddiqui, Adv.
Mr. Sibo Sankar Mishra,AOR
Mr. Suchit Mohanty, Adv.
Mr. Kumar Sudeep,AOR
Mr. Somesh Chandra Jha, Adv.
Ms. Indrani Mukherjee, Adv.
Ms. Tatini Basu,AOR
Mr. Ashwarya Sinha, AOR
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Mr. Prithvi Pal,AOR
Mr. Naresh Kumar Nagar, Adv.
Mr. Abdul Azeem Kalebudde,AOR
Mr. Manish Kr. Saran,AOR
Mr. Madhurendra Kumar,AOR
Mr. Vijay Kumar,AOR
Mr. Avneesh Arputham, Adv.
Ms. Anuradha Arputhaam, Adv.
Ms. Geetanjali, Adv.
Mr. Pirsanjit Keshwani, Adv.
Mr. Kabir Sankar Bose, Adv.
Mr. Ankit Anand, Adv.
Mr. Arvind Gupta, Adv.
Mr. Manish Verma, Adv.
Mr. Arvind Kumar, Adv.
Mr. Bishwajit Dubey,Adv.
Ms. Srideepa Bhattacharyya,Adv.
Mr. Aditya Marwah,Adv.
Ms. Surabhi Khattar, Adv.
Mr. Manpreet Lamba,Adv.
For M/s. Cyril Amarchand Mangaldas,AOR
Mr. Alok K. Agarwal,Adv.
Mr. Apoorv Rastogi,Adv.
Mr. Harshal Kumar,Adv.
Mr. Arpita Dixit,Adv.
Mr. Ilham Dhanish, Adv.
Ms. Ruchika, Adv.
Mr. Abhishek Sharma, Adv.
Mr. Abhay Singh, Adv.
Mr. Gaurav Goel,AOR
Mr. Ashoka Kumar Thakur, Adv.
Mr. Imran Khan, Adv.
Mr. Anil K. Chopra, Adv.
Mr. Himanshu Shukla, Adv.
Mr. Gudipati G. Kashyap,Adv.
Ms. T. Archana,AOR
Mr. Ranvijay Gohain, Adv.
Ms. Arti Singh, Adv.
Ms. Pooja Singh, Adv.
Ms. Vandana Sehgal,AOR
Mr. Rohan Thawani,Adv.
Ms. Gunjan Ahuja, Adv.
11
Mr. Hardeep Singh Anand,Adv.
Mr. Anand Dilip Daga,Adv.
Mr. Iqram Govind Singh,Adv.
Mr. Balaji Srinivasan,AOR
Mr. Alok Kumar, Adv.
Ms. Somya Yadava, Adv.
Mr. Siddhant Tripathi, Adv.
Ms. Jagriti Mahajan, Adv.
Ms. Prathna Dogra, Adv.
Ms. Snigdha Singh, Adv.
Mr. Ramesh Thakur, Adv.
Mr. S.S. Ray,Adv.
Mr. Manmeet Singh,Adv.
Mr. Anugrah Robin Frey,Adv.
Mr. Anukrit Gupta,Adv.
Mr. Vaibhav Gulia, Adv.
Ms. Praveena Gautam, Adv.
Ms. Geetanjani Shahi,Adv.
Ms. Rakhi Ray,AOR
Mr. Abhinav Shrivastava,AOR
Mr. Rahul Gupta,Adv.
Ms. Sana Kamra,Adv.
Mr. Rahul Kumar, Adv.
Mr. Ranjan Kumar Pandey, Adv.
Mr. Adishree Chakraborty,Adv.
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. Rangoli Seth, Adv.
Ms. Priyanka Das,Adv.
Ms. Rajee Mehrotra,Adv.
Mr. Somiran Sharma,AOR
Mr. Rohit Sharma, Adv.
Mr. Rounak Nayar, Adv.
Mr. Anshul Chowdhary, Adv.
Mr. Atul Agarwal, Adv.
Mr. Kumar Dushyant Singh, Adv.
M/s. Dharmaprabhas Law Associates,AOR
Ms. Astha Sharma,AOR
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Mr. Sahil Sethi, Adv.
Mr. Shivam Sharma,Adv.
Ms. Dimple Nagpal,Adv.
Mr. Divyakant Lahoti,AOR
Mr. Parikshit Ahuja,Adv.
Ms. Amrita Grover,Adv.
Mr. Shashwat Bajpai,Adv.
Mr. Sharad Agrawal,Adv.
Mr. Rohit Amit Sthalekar,AOR
Ms. Kamakshi S. Mehwal,AOR
Mr. Rinku Mathur, Adv.
Mr. Abhishek Kumar, Adv.
Mr. Abhik Kumar, Adv.
Mr. T. Mahipal,AOR
Mr. Rajesh Kumar Gupta,AOR
Mr. Pallavi Pratap,AOR
Mr. PBA Srinivasan,Adv.
Mr. Abhay Kumar,Adv.
Mr. Aman Gupta,AOR
Mr. Sunil K. Khattri, Adv.
Ms. Shaila Arora,Adv.
Ms. Neha Chaudhary,Adv.
Ms. Nalini Singh,Adv.
Mr. Badri Prasad Singh,AOR
Ms. Indra Sawhney,Adv.
Ms. Madhavi Divan,Adv.
Ms. Vanshaja Sukla,AOR
Mr. Abhigya,AOR
Mr. Anuj Bhushan, Adv.
Mr. R.K. Gupta,Adv.
Ms. Nupur Kumar, Adv.
Mr. Sunil Fernandes, Adv.
Ms. S. Deb Roy,Adv.
Mr. Manoj Sharma,Adv.
MR. Kapil Kaushik,Adv.
Mr. Pradeep Misra,AOR
Mr. Daleep Kumar Dhyani, Adv.
Mr. Suraj Singh, Adv.
Mr. Manoj Kumar Sharma, Adv.
Mr. Daleep K. Dhyani,Adv.
13
Mr. Suraj Singh,Adv.
Ms. Payal Kakra,Adv.
Mr. Akash Tyagi, Adv.
Mr. Sushant Chaturvedi,Adv.
Ms. Sujata Kurdukar,AOR
Mr. Chandan Kumar Mandal,Adv.
Ms. Tamanna Goyal,Adv.
Mr. Chandra Prakash,AOR
for M/s. DSK Legal,AOR
Mr. Dinesh K.Garg, Adv.
Mr. Abhishek Garg, Adv.
Mr. Dhananjay Garg,Adv.
Mr. Deepak Mishra, Adv.
Mr. Randheer Kumar Sinha, Adv.
Mr. Prashant Kumar, Adv.
Mr. Ankit Dwivedi, Adv.
Mr. Aniruddh Singh, Adv.
Mr. Joseeph Pookkatt, Adv.
Ms. Charu Ambwani, Adv.
Mr. Kunal Verma,Adv.
Mrs. Yugandhara Pawar Jha,Adv.
Mr. Piyush Bhardwaj,Adv.
Mr. Z. U. Khan, Adv.
Mr. Girdhar Upadhyay, Adv.
Mr. Ashwini Kumar Upadhyay, Adv.
Mr. J.P.Tripathi, Adv.
Mr. Braham Singh, Adv.
Mr. Harishankar Saran, Adv.
Ms. Asha Upadhyay, Adv.
Mr. Rohit Bidhudi, Adv.
Mr. R. D. Upadhyay, Adv.
Mr. Krishna Kumar Shukla, Adv.
Mr. Vijay Kumar Pandita, Adv.
Mr. Braham Singh, Adv.
Mr. Ashwini Kumar Upadhayay, Adv.
Mr. R.D.Upadhyay, Adv.
Mr. Vijay Kumar Pandita, Adv.
Mr. Aditya Sharma, Adv.
Mr. Krishnakant Dubey, Adv.
Mr. Sanjay Kumar Dube, Adv.
Mr. Rajesh Mahale, Adv.
Mr. Shivendra Dwivedi, Adv.
Mr. Arannya Moullick, Adv.
14
Mr. Vaibhav Parkash, Adv.
Mr. Akshay Sharma, Adv.
Ms. Sonia Mathur, Adv.
Ms. Charu Mathur, Adv.
Mr. Alishan Naqvee, Adv.
Mr. Saurabh Vhakravarty, Adv.
Ms. Noor Rampal, Adv.
Mr. Mohd. Kamnam, Adv.
Mr. Roopansh Purohit, Adv.
Mr. Manoj Sharma, Adv.
Mr. Kapil Kaushik, Adv.
Mr. Shreyas Bhardwaj, Adv.
Mr. Ravindra Kumar,AOR
Mr. Rabin Majumder,AOR
Mr. Akhilesh Kumar Pandey,AOR
Mr. Dharmendra Kumar Sinha,AOR
Mr. Ejaz Maqbool,AOR
Ms. Misha Rohatgi, Adv.
Ms. Ekant Luthra, Adv.
Mr. Rohit Pandey, Adv.
Mr. Beerendra Singh, Adv.
Ms. Anushruti Tripathi, Adv.
Mr. Prabhu Singh, Adv.
Mr. Balran Dewan, Adv.
Ms. Manju Jetley, Adv.
MS. Amita Singh Kalkal, Adv.
Mr. Aakarshan Aditya, Adv.
Ms. S.S.Shroff, Adv.
Mr. Ritesh Agrawal, Adv.
Ms. Purnima Jauhari, Adv.
Ms. Seema P., Adv.
Mr. Gopi Nagar, Adv.
Mr. Prakash Kumar Singh, Adv.
Mr. S.K.Verma, Adv.
Mr. Pawanshree Agrawal, Adv.
15
Mr. Sanand Ramakrishnan, Adv.
Ms. Rashmi Singh, Adv.
Mr. Siddharthaa Jha, Adv.
Mr. Tahir Ashraf Siddiqui, Adv.
Mr. Anurag Kishore, Adv.
Mr. S. K. Pandey, Adv.
Mr. Chandra Shekhar, Adv.
Mr. Awanish Kumar, Adv.
Mr. Anshul Rai, Adv.
Mr. Anoop Prakash Awasthi, Adv.
Mr. K.Paari Vendhan, Adv.
Mr. Sanjay Kumar Dubey, Adv.
Mr. Somanatha Pradhan, Adv.
Applicant in-person
Mr. Chandan Kumar, Adv.
Mr. Naveen Kumar, Adv.
Mr. Ashwani Bhardwaj, Adv.
Mr. Krishna Kant Shukla, Adv.
Mr. Ashwini Kumar Upadhyay, Adv.
Mr. Girdhar Upadhyay, Adv.
Mr. R. D. Upadhyay, Adv.
Ms. Asha Upadhyay, Adv.
MS. Veera Kaul Singh, Adv.
Mr. Himanshu Shekhar, AOR
M/S. Dharmaprabhas Law Associates, AOR
Mr. Manish Kumar Saran, AOR
Mr. Shadan Farasat, AOR
Mr. Sukant Vikram, AOR
Mr. R. Sathish, AOR
Sayaree Basu Mallik, AOR
Mr. Vivek Narayan Sharma, AOR
Mr. Rameshwar Prasad Goyal, AOR
Mr. Prithvi Pal, AOR
Mr. Shishir Pinaki, AOR
Mr. Shovan Mishra, AOR
Mr. Raj Kamal, AOR
Mr. Gopal Jha, AOR
16
Mr. Aniruddha P. Mayee, AOR
Mr. Binay Kumar Das, AOR
Mr. G. Balaji, AOR
Mr. A. P. Mohanty, AOR
Mr. Abdul Azeem Kalebudde, AOR
Mr. Kumar Mihir, AOR
Ms. Pallavi Pratap, AOR
Mr. Kailash Prashad Pandey, AOR
Mr. Ashok Kumar Singh, AOR
Mr. Pallav Mongia, AOR
Mr. Prakash Ranjan Nayak, AOR
Ms. E. R. Sumathy, AOR
Mr. Sibo Sankar Mishra, AOR
By Courts Motion, AOR
Mr. Gaurav Goel, AOR
Mr. Ravindra Kumar, AOR
Mr. Rabin Majumder, AOR
Mr. Akhilesh Kumar Pandey, AOR
Mr. Gaurav Bhatia, AOR
Mr. Ashwarya Sinha, AOR
Mr. Vishnu Sharma, AOR
Ms. Rakhi Ray, AOR
Mr. Gaurav Goel, AOR
Mr. Mukesh Kumar Maroria, AOR
M/S. Cyril Amarchand Mangaldas Aor, AOR
Mrs. Anil Katiyar, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mr. Rajesh Kumar Gupta, AOR
Mr. Balaji Srinivasan, AOR
Mr. Aman Gupta, AOR
Mr. Badri Prasad Singh, AOR
Mr. Vishal Gupta, AOR
UPON hearing the counsel the Court made the following
O R D E R
The learned counsel appearing for Mr. Chander Wadhwa has come up with two Manager’s Cheques with the following particulars :-
1) Manager’s Cheque No. 016803 dated 11.02.2019 drawn on HDFC Bank in the name of Drawing and Disbursing Officer, Supreme Court of India for a sum of Rs.3,10,00,000/- (Rupees Three Crores and Ten Lakhs);
2) Manager’s Cheque No. 016789 dated 11.02.2019 drawn on HDFC Bank in the name of Drawing and Disbursing Officer, Supreme 17 Court of India for a sum of Rs.1,00,000,00/- (Rupees One Crore);
The learned counsel is directed to deposit the cheques with the Registrar of the concerned Section.
We have heard the learned counsel for the parties at length. Mr. M.L.Lahoty, learned counsel, in his written submissions, has pointed out that a sum of Rs. 25.08 crores is outstanding as against eight persons as per the affidavits mentioned in the following chart :-
Name of Individual Amount Affidavit
1. Paramjeet Gandhi 9.76 Crores Pg. 36 of
Affidavit dated
2. Swarika Sinha (Minor) D/o 1.55 Crores 03.12.2018 of
of Swapnil Shikha Swapnil Shikha
3. Raj Dulari Devi (Mother of 50 Lakhs
Anil K. Sharma)
4. Swapnil Shikha (Director & 1.34 Crores Pg. 38 of
daughter of Anil K. Affidavit dated
Sharma) 03.12.2018
5. Shiv Priya (Director) 2.1 Crores Page 10 of
Affidavit dated
03.12.2018
6. Anandi Singh (Minor) D/o 2.18 Crores Pg. 5, 11, 12
Seema Kumari & Ajay Kumar of Affidavit
dated
09.11.2018
7. Madan Mohan Sharma, 80.79 Lakhs Pg. 26 of
(Father of Anil K. Sharma) Affidavit dated
03.12.2018
8. Ram Naresh Sinha (Father 15 Lakhs Page 7 of
of Amresh Kumar) Affidavit dated
03.12.2018
18
It was pointed out by Mr. Lahoty that as per the report of Mr. Anil Mittal, Statutory Auditor and the affidavit dated 12.11.2018, there are certain loans and advances given to the Directors of the family members on 31.03.2015. The details are contained in paragraph VII of the written submissions :-
1. Anil K. Sharma Rs. 94.08 Crores
2. Shiv Priya Rs. 49.79 Crores
3. Ajay Kumar Rs. 8.57 Crores
4. Amresh Kumar Rs. 0.33 Crores
5. Suvash Chand Kumar Rs. 0.90 Crores
6. Mohit Gupta Rs. 0.16 Crores
7. Nishant Mukul (Brother in law of Rs. 0.12 Crores Anil K. Sharma)
8. Sonali Suman (w/o Shiv Priya) Rs. 0.55 Crores
9. Pallavi Mishra (w/o Anil K. Rs. 0.07 Crores Sharma)
10. Madan Mohan Sharma (Father of Anil Rs. 2.60 Crores K. Sharma)
11. Sunita (w/o Sunil Kumar) Rs. 0.01 Crores
12. Advance to unnamed Directors of Rs. 0.10 Crores Ultra Homes Construction Pvt. Ltd.
13. Advance to unnamed Directors of Rs. 4.23 Crores Hi-Tech City Developers Pvt. Ltd.
Total Rs. 161.51 Crores We have heard Mr. Anil Kumar Sharma and the learned counsel appearing on his behalf with respect to the aforesaid aspects. We direct that the money which has been routed through them should be 19 deposited by 28th of February, 2019, failing which, it may aggravate the violation of the orders passed by this Court.
It has also been pointed out that as per the report of the Forensic Auditors dated 16.01.2019, certain monies have been invested in M/s Royal Golf Link City Projects Pvt. Ltd. out of home buyers’ funds and it was also stated by the Forensic Auditors, who are present in Court today, that it appears to be the project of Amrapali Group of Companies. In the circumstances, we direct the Greater Noida Authority to furnish all the original documents in this Court, explaining as to i) who applied for allotment of the land; ii) original lease deed; and iii) who has time to time deposited the money.
Statements have been filed with respect to investment of Rs. 48.52 crores by Amrapali Group of Companies on different dates in 2014 and 2015. There are series of transactions. Let the learned counsel appearing on behalf of M/s Royal Golf Link City Projects Pvt. Ltd. also explain i) how much is the total investment made so far in the project; ii) the persons who have remained time to time on its Board of Directors; iii) file various resolutions passed right from the beginning till today. The account statement, right from the beginning till today, is also directed to be placed on record.
We have already attached various Villas of M/s Royal Golf Link City Projects Pvt. Ltd. We further direct that there should not be any alienation whatsoever to any of the properties, villas by M/s Golf Link City Projects Pvt. Ltd.
20
As per the report of Forensic Auditors, it is pointed out that Mr. Anil Kumar Sharma has also obtained advance for purchase of property of Rs. 6.55 Crores. We direct Mr. Anil Kumar Sharma to deposit the same by 28th of February, 2019.
It is also pointed out by the Forensic Auditors in the report dated 16.01.2019 that in Saffron Propmart Consultancy Pvt. Ltd., which is controlled by Mr. Chander Wadhwa and Mr.Anil Mittal, Statutory Auditors of the Amrapali Group of Companies, the amount is invested in the form of Fixed Deposit with HDFC Bank, Preet Vihar. Let the amount in the Fixed Deposit, along with accrued interest, be remitted to the account that has been created in this Court. The Registry is directed to send a copy of this order to the concerned Manager of the Bank. On the mandate of this order, the money shall immediately be remitted to this Court.
It is stated that there are large number of unsold residential units (5229 in number) which can be sold. It would be appropriate to find out the valuation of the units by independent valuer before they are put to sale. We appoint Mr.Satish Kumar Bhatia, BE (Civil), MIE (M-16478), Residence :- C-8/8492, Vasant Kunj, New Delhi – 110 070, Mobile No. 9891344424, Email – [email protected], to submit the valuation report before 28 th of February, 2019 and the matter will be heard in respect of the agency to be appointed for the purpose of sale. The learned counsel appearing for NBCC has pointed out that the matter has to be considered by the Management of the NBCC in case it is to be sold by NBCC. Let the NBCC consider the sale of the unsold properties and place their report before this Court by 28 th of 21 February, 2019.
In respect of the work which has already been undertaken as per our order dated 25.01.2019, we direct Rs.1,00,00,000/- (Rupees One Crore) to be released in favour of NBCC. The NBCC will keep this amount in a separate interest bearing account, as stated by the learned counsel appearing on behalf of NBCC. Let the amount be deposited within a period of three weeks.
The Registrar of this Court is directed to issue appropriate communication to the IndusInd Bank, Sector-51, NOIDA so that the monies could be disbursed from Account No.201002234299 (IFSC Code INDB0000276) of Amrapali Hospitality Services Pvt. Ltd. in favour of the forensic auditors within seven days from today. Bank details of the forensic auditors are given hereunder:
Mr. Ravinder Bhatia Bhatia and Bhatia HDFC Bank 44, Deenar Bhawan, Branch: Nehru Place New Delhi (A/c No.13762020002118) Mr. Pavan Kumar Aggarwal Kotak Mahindra Bank Branch: Nehru Place New Delhi (A/c No.5111611060) It was also pointed out that Greater Noida Authority has framed a policy of obtaining Tripartite Sub-lease Agreement by virtue of which a person can obtain possession and start residing in the premises. This is pertaining to Issue No. 5. Let New Okhla Industrial Development Authority (NOIDA) make its stand clear in respect of Issue No. 5 and the decision which has been taken by the 22 Greater Noida Authority on 16.05.2018.
As per the submissions raised on behalf of the buyers in the written submissions, the following non-compliance by Amrapali Group of Companies have been pointed out :-
1. Access to email id ([email protected]) of accounts department of Amrapali was stopped by Amrapali (Pg. 4 of Mr. Bhatia’s report)
2. Bank statements of 8 out of 27 additional companies is not yet provided. (Pg. 232 of Mr. Aggarwal’s Report).
3. Tally Data is not submitted for Jotindra Steel, one of the companies under forensic audit. (Pg. 233 of Mr. Aggarwal’s Report).
4. Out of 262 bank accounts of Amrapali Group, 96 bank accounts are still not available with Mr. Aggarwal (Pg. 212 of Mr. Aggarwal’s Report).
5. 105 out of 137 individuals including key management persons of Amrapli as well as other entity, sub-lessees etc. have failed to respond to formal notices issued by Forensic Auditors. (Pg. 166 of Mr. Aggarwal’s Report).
The submissions on the aforesaid non-compliance have been based on the report of the forensic auditors. We direct the Amrapli Group of Companies to make the compliance within seven days from today and to report the compliance to this Court within 10 days from today.
We have heard the learned counsel appearing for M/s J.P. Morgan in respect of the investments that have been made and the refund of the amount. Certain documents have been handed over by them in respect of the names of the investors and the persons to 23 whom monies have gone out of the fund that was created by M/s J.P. Morgan at Mauritius. That is taken on record. Further directions are given to place on record the agreement of M/s J.P. Morgan with the investors and its modalities of the investments.
As inability was expressed on behalf of M/s J.P. Morgan as well as other counsel to explain the report dated 23.10.2013 submitted by Mr. Sudit K. Parikh & Co., Chartered Accountants. In the circumstances, so as to find out the basis of the valuation, it is necessary to call Mr. Sudit K. Parikh [Address : Ballard House, 2nd Floor, Adi Marzban Path, Ballard Pier, Fort, Mumbai – 400 001] to explain the valuation report on the basis of which Rs. 140 crores had been withdrawn by M/s J. P. Morgan. Let the Registry send a communication to Mr. Sudit K. Parikh to appear before this Court on the next date of hearing.
It was pointed out that shares of Amrapali Zodiac were ultimately purchased for Rs. 140 Crores by M/s Neelkanth and M/s Rudraksh. It is pointed out by forensic auditors that there are two persons, namely Chandan Kumar, who is a peon of Mr.Anil Mittal, Statutory Auditor, and working in his office and other one is Vivek Mittal, who is the nephew of Mr. Anil Mittal, and is doing petty jobs of sub-contractors and having a monthly income of Rs. 15,000/-. It is stated by the learned counsel appearing on behalf of M/s J.P. Morgan that in one company, Chandan Kumar and Atul Mittal were Directors. M/s Neelkanth and M/s Rudraksh are the private limited companies in which the abovementioned persons are named as Directors. They are not having the capacity to give an amount of Rs. 140 Crores to be paid to M/s J. P. Morgan. 24
This is a serious kind of fraud apparent from the aforesaid facts. On being asked, Mr. Anil Kumar Sharma has showed reluntance to disclose about Atul Mittal, who was the Director of M/s Rudraksh along with Chandan Kumar. It is apparent that it was not a fair transaction of sale. That fact is required to be gone into. Let Mr. Anil Mittal and Directors of Amrapali Zodiac and Mr. Anil Sharma explain the situation by filing their personal affidavits from where the money came to be paid to M/s J.P. Morgan, who managed the money and how the companies were framed and for what purpose.
In case any fact is suppressed or found to be false, it will be viewed seriously by this Court. We make it clear that the conduct which is shown in the Court i.e. on the one hand making investment in M/s Royal Golf Link Projects Pvt. Ltd. and on the other hand, it was stated that there was NPA during the same very period by Mr. Anil Kumar Sharma, has to be viewed seriously by this court. On the other hand, he has stated that they had to borrow Rs. 9 crores from Mr. Paramjit Gandhi and that was repaid through the daughter. We feel that the entire story is shrouded in mystery and this is not the fair statement made before the Court. The effect of all this rigmarole conduct will be considered as aggravating the contempt and shall be viewed seriously, it is made clear to the Directors.
As the arguments could not be concluded today, list the matter for further hearing on 28th of February, 2019 at 02.00 PM. 25 We request the Forensic Auditors to make an endeavour to complete their job by 10th of March, 2019 and submit a report to this Court so that the matter can be heard finally. Since the record has become voluminous, we direct the Registry to sort all the documents which have been filed according to the date of filing and put them in chronological order, the dates of filing, the names of the advocates and the nature of the document and volumes as well. The volumes to be numbered accordingly. After the documents are chronologically marked, let a tabular chart be prepared, which can be exchanged by all the concerned lawyers. We request Mr. Lahoty to extend the cooperation through at least two of his associates so that their help can also be taken by the officials in the Registry.
(JAYANT KUMAR ARORA) (JAGDISH CHANDER) COURT MASTER BRANCH OFFICER