Supreme Court - Daily Orders
Bikram Chatterji vs Union Of India on 3 September, 2021
Bench: Uday Umesh Lalit, Ajay Rastogi
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ITEM NO.301 Court 2 (Video Conferencing) 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. 100821/2021 - APPLICATION FOR PERMISSION
IA No. 108703/2020 - APPLICATION FOR PERMISSION
IA No. 108681/2020 - APPLICATION FOR PERMISSION
IA No. 100822/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 99661/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 100367/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 100361/2020 - INTERVENTION APPLICATION
IA No. 105017/2021 - INTERVENTION/IMPLEADMENT
IA No. 108696/2020 - RECALLING THE COURTS ORDER
IA No. 108670/2020 - RECALLING THE COURTS ORDER)
WITH
SLP(C) No. 1879/2018 (XVII)
W.P.(C) No. 306/2018 (X)
W.P.(C) No. 378/2018 (X)
SMC(Crl) No. 4/2018 (XVII)
W.P.(C) No. 502/2019 (X)
T.P.(Crl.) No. 280/2021 (XVI-A)
(FOR ADMISSION and I.R. and IA No.84179/2021-EX-PARTE STAY and IA
No.84176/2021-EXEMPTION FROM FILING PROOF OF SURRENDER.)
W.P.(C) No. 1041/2017 (X)
(FOR)
W.P.(C) No. 1018/2017 (X)
(FOR)
Signature Not Verified
W.P.(C) No. 1116/2017 (X)
Digitally signed by
Indu Marwah
Date: 2021.09.07
(FOR)
11:34:51 IST
Reason:
W.P.(C) No. 1144/2017 (X)
W.P.(C) No. 1156/2017 (X)
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W.P.(C) No. 1206/2017 (X)
(FOR)
W.P.(C) No. 134/2018 (X)
W.P.(C) No. 131/2018 (X)
W.P.(C) No. 164/2018 (X)
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)
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)
Diary No(s). 36392/2019 (X)
CONMT.PET.(C) No. 483/2020 in W.P.(C) No. 940/2017 (X)
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. 8/2018 (X)
W.P.(C) No. 1242/2017 (X)
W.P.(C) No. 58/2018 (X)
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W.P.(C) No. 21/2018 (X)
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 : 03-09-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE AJAY RASTOGI
Counsel for the Parties:
By Courts Motion, AOR
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. Anchit Sripat, Adv.
Mr. Himanshu Shekhar, AOR
Mr. Vikramjit Banjeree, ASG
Mr. Sanjay Jain, ASG
Mr. Mukul Singh, Adv.
Mr. Prashant Singh, Adv.
Mr. Mukesh Kumar Maroria, AOR
Ms. Preeti Rani Adv.
Mr. Vikramjit Banerjee, Asg
Ms. V. Mohna, Sr. Adv.
Mr. Prashant Singh, Adv.
Mr. Mukul Singh, Adv
Mr. Sughosh Subramanyam, Adv.
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Mr. Arvind Kumar Sharma, AOR
Mr. Vikramjit Banerjee, Asg
Mr. Mukul Singh, Adv.
Mr. Vibhu Shankar Mishra, Adv.
Mr. Sugosh Subramaniam, Adv.
Mr. Manish, Adv.
Mr. B.V. Balram Das, AOR
Mr. Raj Kamal, AOR
Ms. Manisha Ambwani, 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. Brijender Chahar, Sr. Adv.
Mr. Karan Chahar, Adv.
Ms. Jyoti Chahar, Adv.
Mr. Shashi Bhushan, Adv.
Mr. Vinay Garg, AOR
Mr. Abhinav Ramkrishna, AOR
Mr. Rishi K. Awasthi, Adv
Mr. Sumit Raj, Adv.
Mr. Prashant Kumar, Adv.
Mr. Piyush Vatas, Adv.
Ms. Ritu Arora, Adv.
Mr. Santosh Kumar–I, AOR
Sh. Avinash Ankit, Adv.
Mr. Gudipati G. Kashyap, Adv.
Ms. Apoorva Pandey, Adv.
Ms. T. Archana, AOR
Mr. Akash Swami, Adv.
Mr. Pawan Kumar Sharma, Adv.
Dr. Amardeep Gaur, Adv.
M/s. V. Maheshwari & Co., AOR
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Mr. Divyakant Lahoti, AOR
Mr. Kartik Lahoti, Adv.
Mr. Parikshit Ahuja, Adv.
Ms. Praveena Bisht, Adv.
Ms. Madhur Jhavar, Adv.
Ms. Vindhya Mehra, Adv.
Ms. Shivangi Malhotra, Adv.
Mr. Nirmal Kumar Ambastha, AOR
Mr. Amit Kumar, Adv.
Ms. Ashmita Bisarya, Adv.
Ms. Arati Kumari, Adv.
Mr. Harsh Mohan Ojha, Adv.
Mr. M.Yogesh Kanna, AOR
Mr. RajaRajeshwaran S., Adv.
Mr. Aditya Chadha, Adv.
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.
Mr. Kunal Sachdeva, Adv.
Mr. Chowdhary Zulfikar Ali, Adv.
Ms. Mahima Ahuja, Adv.
Ms. Garima Sharma, Adv.
Mr. Balwinder Singh Suri, Adv.
Mr. Paras Mithal, Adv.
Mr. Parveen Kumar, Adv.
M/s. Kings And Alliance LLP , AOR
Mr. Janender Kumar Chumbak, Adv.
Ms. Radhika, Adv.
Ms. Amita Singh Kalkal, AOR
Mr. Abhigya Kushwah, AOR
Ms. Sunita Yadav, Adv.
Mr. Pradeep Kumar Dubey, Adv.
Mr. Siddharth Rajkumar Murarka, Adv.
Ms. Anamika Kushwaha, Adv.
Ms. Nandita Rao, Adv.
Ms. Mahija Reddy, Adv.
Mr. K.N. Agnihotri, Adv.
Mr. Virender Arora, Adv. Sh.
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Sh. Shashank Shekhar, Adv.
Mr. K K Rai, Senior advocate
Mr. Sreoshi Chatterjee. Adv.
Mr. Shiv Kumar Pandey, Adv.
Mr. Chandrashekhar A. Chakalabbi, adv.
Mr. Awanish Kumar, AOR
Mr. Anshul Rai, Adv.
M/S. Dharmaprabhas Law Associates, AOR
Mr. Pradhuman Gohil, Adv.
Ms. Taruna Singh Gohil, AoR
Mr. Ashish Kabra, Adv.
Mr. Mohammad Kamran, Adv.
Ms. Ranu Purohit, Adv.
Ms. Tanya Srivastava, Adv.
Ms. Jasleen Bindra, Adv.
Mr. Shivam Sharma, Adv.
Mr. Braj Kishore Mishra, AOR
Mr. Vinod Kumar, Adv.
Mr. Abhishek Yadav, Adv.
Ms. Sonal Jain, AOR
Mr. Udayan Jain, Adv.
Mr. Ishkaran Singh, Adv.
Ms. Gunjan Richharia, Adv.
Ms. Kajal Sharma, Adv.
Mr. Krishna Kant Dubey, Adv
Mr. Vivek Kumar Pandey, Adv
Ms. Priyanka Tewari, Adv
Ms. Shuchi Singh, Adv
Mr. Sanjay Kumar Dubey, AOR
Mr. Rakesh Kumar Tewari, Adv
Mr. Pankaj Kumar Singh, Adv
Mr. Bishwajit Dubey, Adv.
Ms. Srideepa Bhattacharyya, Adv.
Ms. Aishwarya Gupta, Adv.
Mr. Manpreet Lamba, Adv.
M/s. Cyril Amarchand Mangaldas, AOR
Ms. Arti Singh, AOR
Mr. Aakashdeep Singh Roda, Adv.
Ms. Pooja Singh, Adv.
Mr. M. T.George, Advocate
Mrs.Susy Abrahm, Advocate
Mr. Johns George, Advocate
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Ms. Deepali Dwivedi, Adv.
Mr. Ibad Mushtaq, Adv.
Mr. Fuzail Ahmad Ayyubi, AOR
Mr. Manoj V. George, Adv.
Ms. Shifaz R. Dheen, Adv.
Ms. Shilpa Liza George, AOR
Mr. Abdul Azeem Kalebudde, AOR
Mr. Yash Dev Upadhyaya, Adv.
Mr. N.P. Singh, Adv.
Dr. Kedar Nath Tripathy, AOR
Mr. Raghunath Pathak, Adv.
Mr. Sachin Awana. Adv.
Mr. Syed Mehdi Imam, AOR
Mohd. Parvez Dabas, Adv.
Mr. Uzmi Jameel Husain, Adv.
Mr. Pulkit Chandna, Adv.
Mr. Rajender Singh Baniwal, Adv.
Ms. Bano Deswal, Adv.
Mr. Devesh Pratap Singh, Adv.
Mr. R.C. Kaushik, AOR
Mr. Prashant, Adv.
Mr. Himanshu Shekhar Tripathi, Adv.
Mr. Gaurav Srivastava, AOR
Mr. Rahul Malhotra, Adv.
Ms. Himanshi Madan, Adv.
Mr. Rajesh P., AOR
Mr. Sanjay Kapur, AOR
Ms. Megha Karnwal, Adv.
Mr. Arjun Bhatia, Adv.
Ms. Shubhara Kapur, Adv.
Mr. Devendra Kumar Singh, Adv.
Mr. Karunakar Mahalik, AOR
Ms. Garima Prashad, AOR
Mr. Abhitosh Pratap Singh, Adv.
Mr. Ranjit Kumar, Sr. Adv.
Mr. Gaurav Mitra, Adv.
Mr. Yudhist Narain Singh, Adv.
Mr. Rajat Mittal, AOR
Ms. Meenakshi Arora, Snr Adv
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Mr. Ashish Bhan, Advocat
Mr. Ketan Gaur, Advocate
Mr. Ayush Mitruka, Advocate
Mr. Ashish Bhan, Advocate
Mr. Kaustub Narendran, Adv
Mr. Pushpendra S. Bhadoriya, Advocate
Mr. Divjot Singh Bhatia, Advocate
Ms. Aastha Chaturvedi, Advocate
Mr. Brijender Chahar, Senior Advocate,
Mr. Aditya Jain-1, AOR
Ms. Jasmine Damkewala, AOR
Mr. Pallav Mongia, Adv.
Ms. Vaishali Sharma, Adv.
Mr.Dinesh Chander Trehan, Adv.
Ms. Richa Kapoor, AOR
Mr. Kunal Anand, Adv.
Ms. Surabhi Katyal, Adv.
Mr. Shalya Agarwal, Adv.
Mr. Raghav Sharma, Adv.
Mr. Rohit Sharma, Adv.
Mr. Rounak Nayak, Adv.
Ms. Arju Chaudhary, Adv.
Mr. Kumar Dushyant Singh, AOR
Mr. Brijesh Kumar Tamber, AOR
Ms. Hemlata Kharayat, Adv.
Ms. Deepika Raghav, Adv
Ms. Indrani Mukherjee, Adv.
Ms. Tatini Basu, AOR
Mr. Saket Singh, Adv.
Ms. Niranjana Singh, AOR
Ms. Kirti Renu Mishra, AOR
Ms. Apurva Upmanyu, Adv.
Mr. Pradeep Misra, AOR
Mr Daleep Dhyani Adv
Mr Suraj Singh Adv
Mr Bhuwan Chandra Adv
Ms. Suman Tripathy, Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Rajul Shrivastav, Adv.
Mr. Mohit D. Ram, AOR
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Mr. Suren Uppal, Adv.
Mr. Praveen Chaturvedi, AOR
Mr. Uddyam Mukherjee, AOR
Ms. Suman Tripathi, Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Parag Tripathi, Sr. Adv.
Mr. Joy Basu, Sr. Adv.
Ms. Kanak Bose, Adv.
Mr. Varun Sarin, Adv.
Ms. Mishika Bajpai, Adv.
Mr. Ashok Mathur, AOR
Mr. Pallav Mongia, AOR
Ms. Vaishali Sharma, Adv.
Mr. Dinesh Chander Trehan, Adv.
Ms. Jasmine Damkewala, AOR
Mr. Sandeep Jha, Adv.
Mr. Ram Ekbal Roy, Adv.
Ms. Priyanka Das, Adv.
Ms. Neha Das, Adv.
Mr. Binay Kumar Das, AOR
Mr. Manoj Singh Adv.
Mr. Sanjay Kumar Visen, AOR
Ms. Ritu Rastogi Advocate
Ms. Adira A Nair Advocate
Mr. Kaushal Yadav, AOR
Mr. Pramod Kumar, Adv.
Mr. Nandlal Kumar Mishra, Adv.
Mr. Vishal Tiwari Adv.
Ms. Mamta Rani Adv.
Mr. Alok Kumar, Adv.
Mr. Uday Arora, Adv.
Mr. Balaji Srinivasan, AOR
Mr. Vikas Jain, AOR
Mr. Manjeet Singh Rathore, Adv.
Ms. Prerna Mehta, AOR
Mr. Naresh Aditya Madhav, Adv.
Ms. Sangeeta Singh, AOR
Mr. Krishna Kant Dubey, Adv
Mr. Vivek Kumar Pandey, Adv
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Ms. Priyanka Tewari, Adv
Ms. Shuchi Singh, Adv
Mr. Sanjay Kumar Dubey, AOR
Mr. Rakesh Kumar Tewari, Adv
Mr. Pankaj Kumar Singh, Adv
Ms. Garima Prashad, AAG
Ms. Ruchira Goel, AOR
Mr. Abhitosh Pratap Singh, Adv.
Ms. E. R. Sumathy, AOR,
Ms. Savita Aggarwal, Adv.
Ms. S. Spandana Reddy, Adv.
Mr. Nishant Bhardwaj, Adv.
Mr. A. P. Mohanty, AOR
Mr. K. K. Singh, Adv.
Ms. Vijay Lakshmi, Adv.
Mr. Naveen R. Nath, Sr. Adv.
Mr. Anuj Kapoor, AOR
Ms. Lalit Mohini Bhat, Adv.
Mr. Om Prakash Shukla, Adv.
Mr. Yajur Sharma, Adv.
Mr. Abraham C. Mathews, Adv.
Mr. Mohammed Sadique T.A. AOR
Mr. Ramesh Babu M. R., AOR
Ms. Manisha Singh, Adv.
Ms. Nisha Sharma, Adv.
Mr. Vikramjit Banerjee, Ld ASG.
Mr. Mukul Singh, Adv.
Mr. Vikrant Yadav, Adv.
Mr. Vibhu Shankar Mishra, Adv.
Mr. R.R Rajesh, Adv.
Mr. Amrish Kumar, AOR
Mr. Raj Kamal, AOR
Mr. Aseem Atwal, Adv.
Ms. Sakshi Singh, Adv.
Mr. Kartavya Batra, Adv.
Mr. Avish Bhati, Adv.
Ms. Suman Tripathy, Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Bhuwan Raj, AOR.
Mr. N.P. Singh , Adv
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Mr. Pramod Sharma Adv
Mr. Niraj Gupta, AOR
Md. Fuzail Khan, Adv.
Ms. Anshu Gupta, Adv.
Ms. Medha Garg, Adv.
Ms. Shobha Gupta, AOR
Mr. Alok Kumar Sharma, Adv.
Mr. Naresh Kumar, AOR
Mr. Dheeraj Nair, AOR
Mr. Kishlay Kumar, Adv.
Ms. Vishrutyi Sahni, Adv.
Mr. Vikramjit Bannerji, ASG
` Ms. V Mohana, Sr. Adv.
Mr. Prashant Singh , Adv.
Mr. Mukul Singh ,Adv.
Mr. Nachiketa Joshi, Adv.
Mr. Sughosh Subramanyam, Adv.
Mr. Arvind Kumar Sharma, AOR
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. Vishal Ganda, Adv.
Mr. Satyajit A. Desai, Adv.
Ms. Anagha S. Desai, AOR
Mr. Satya Kam Sharma, Adv.
Ms. Guresha Bhamra, Adv.
Mr. Rishi K. Awasthi, Advocate
Mr. Prashant Kumar, Advocate
Ms. Ritu Arora, Advocate
Mr. Piyush Vatsa, Advocate
Mr. Sumit Raj, Advocate
Mr. Avinash Ankit, Advocate
Mr. Santosh Kumar - I, AOR
Mr. Kapil Sibal, Senior Adv.
Mr. N.P. Singh, Adv.
Dr. Kedar Nath Tripathy, AOR
Mr. Raghunath Pathak, Adv.
Mr. Sachin Awana. Adv.
Mr. Abhinav Shrivastava, AOR
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Dr. Sasmit Patra, Adv.
Mr. Nirmal Prasad, Adv.
Mr.Rahul Gupta, Adv.
Mr. Ashutosh Shukla, Adv.
Ms. Tanuj Bagga , AOR
Mr. Rohit Kumar Singh, AOR
Mr. Rahul Kumar Gupta, Adv.
Ms. Chandni Arora, Adv.
Mr. Arpit Rai, Adv.
Mr. Aviral Kashyap, AOR
Mr. Vaibhav Luthra, Adv.
Ms. Mithu Jain AOR
Mr. Shreyan Das, Adv.
Mr. Ashok Kumar Singh, Adv.
Mr. Shantwanu Singh, AOR .
Ms. Pragya Singh, Adv.
Mr. Vikram Jhakhar, Adv.
Mr. Rohit Amit Sthalekar, AOR
Mr. Anis Ahmed Khan, AOR
Mr. Ravindra Sadanand Chingale, AOR
Ms. Anubha Agrawal, AOR
Mr. O. P. Gaggar, AOR
Mr. G. Balaji, AOR
Mr. D. S. Chauhan, AOR
Ms. Mayuri Raghuvanshi, AOR
Mr. Ashok Kumar Singh, AOR
Mr. Aniruddha P. Mayee, AOR
Mr. Vivek Narayan Sharma, AOR
Mr. Prithvi Pal, AOR
Mr.Sayaree Basu Mallik, AOR
Mr. Shovan Mishra, AOR
Mr. Shishir Pinaki, AOR
Mr. Amit Pawan, AOR
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Ms. Pallavi Pratap, AOR
Mr. Manish Kumar Saran, AOR
Mr. Kumar Mihir, AOR
Mr. Sukant Vikram, AOR
Mr. Kailash Prashad Pandey, AOR
Mr. Shadan Farasat, AOR
Mr. Gopal Jha, AOR
Mr. Akhilesh Kumar Pandey, AOR
Ms. Rakhi Ray, AOR
Mr. Badri Prasad Singh, AOR
Mr. Gaurav Goel, AOR
Mr. Abhijit Sengupta, AOR
Mr. Rabin Majumder, AOR
Mr. Rajesh Kumar Gupta, AOR
Mr. Anas Tanwir, AOR
Ms. Suruchii Aggarwal, AOR
Mr. Sumit Sinha, AOR
Mr. Ritesh Agrawal, AOR
Mr. Kaushik Choudhury, AOR
Ms. Sneha Kalita, AOR
Ms. Charu Ambwani, AOR
Mr. Mushtaq Ahmad, AOR
Mr. Malak Manish Bhatt, AOR
Ms. Indra Sawhney, AOR
Mr. Aman Gupta, AOR
Mr. Alok Tripathi, AOR
Mr. Anil K. Chopra, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mr. E. C. Vidya Sagar, AOR
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Ms. Anisha Upadhyay, AOR
Mr. Anil Kumar Mishra-i, AOR
Mr. Tahir Ashraf Siddiqui, AOR
Mr. Somiran Sharma, AOR
Mr. Umesh Kumar Khaitan, AOR
Mrs. Swarupama Chaturvedi, AOR
M/S. Karanjawala & Co., AOR
Mr. Ejaz Maqbool, AOR
Applicant-in-person
Ms. Rashmi Singh, AOR
Mr. Sanchit Garga, AOR
Mr. Pramod Dayal, AOR
Ms. Vandana Sehgal, AOR
Ms. Udita Singh, AOR
Mr. Anoop Prakash Awasthi, AOR
Mr. Sanveer Mehlwal, Adv.
Ms. Geetanjali Mehlwal, Adv.
Mr. Mohit Yadav, Adv
Ms. Kamakshi S. Mehlwal, AOR
Mr. Siddhartha Jha, AOR
Ms. Rajkumari Banju, AOR
Mr. K. Paari Vendhan, AOR
a Mr. Ajit Sharma, AOR
Mr. Kabir Dixit, AOR
Ms. Sujata Kurdukar, AOR
Mr. Sanjai Kumar Pathak, AOR
M/S. Shakil Ahmad Syed, AOR
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Mrs. Mona K. Rajvanshi, AOR
Mr. Somesh Chandra Jha, AOR
Ms. Astha Sharma, AOR
Ms. Dharitry Phookan, AOR
Mr. Somanatha Padhan, AOR
Ms. Anannya Ghosh, AOR
Mr. S. K. Verma, AOR
Mr. Vishal Gupta, AOR
M/S. D.s.k. Legal, AOR
Mr. Aakarshan Aditya, AOR
Mr. Christopher Dsouza, AOR
Mr. Vishnu Sharma, AOR
Mr. Ashwarya Sinha, AOR
Mr. Vipin Kumar Jai, AOR
Mr. Deepak Prakash, AOR
Ms. Mridula Ray Bharadwaj, AOR
Mr. Sureshan P., AOR
Mr. G. N. Reddy, AOR
Mr. Anuj Kapoor, AOR
Mr.Gaurav, AOR
Mr. B. K. Satija, AOR
Mr. Rishi Matoliya, AOR
Mr. Chandan Kumar, AOR
Mr. Mishra Saurabh, AOR
Ms. Chandan Ramamurthi, AOR
Mr. T. Mahipal, AOR
Mr. Chandra Prakash, AOR
Mr. Sarvam Ritam Khare, AOR
Ms. Anindita Pujari, AOR
Upon hearing the counsel the Court made the following
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O R D E R
PART-I NOTE SUBMITTED BY LEARNED R. VENKATARAMANI, LEARNED COURT RECEIVER (A) FUNDING BY BANKS Learned Court Receiver submits that he has had extensive meetings with the officials of consortium of six banks namely; Bank of Baroda, Punjab National Bank, Bank of India, State Bank of India, UCO Bank and Punjab & Sindh Bank. He further submits that the consortium has agreed to extend funding and that documentation in that behalf will be executed during this month whereafter the loans are expected to be disbursed.
Learned Court Receiver is requested to keep the Court apprised with regard to the developments.
(B) RE: DATA & STATUS OF HOME BUYERS AS ON 17.07.2021 This issue was dealt with in Part II (D) of the order dated 13.08.2021.
Learned Court Receiver submits that the list of 9538 home buyers has now been rectified and that an advertisement will be published shortly and that the process of screening will thereafter be done and the matter shall be presented before this Court on the next occasion.
PART II 17 I.A. No.99661 of 2020 (I-173) -APPLICATION FOR DIRECTIONS BY NBCC The instant application has been filed praying inter alia for following reliefs:
“a) Necessary orders/directions may kindly be passed, directing that NBCC is at liberty to fix locations for the respective community facilities such as DG, transformer, etc. in accordance with the approved layout plan(s) and in the event that locations of facilities are not specified/clear in the sanctioned plan of any project(s), in such an event, NBCC shall be at liberty to fix appropriate location considering technical feasibility based on site situations without any hindrance from RWA/SWA/AOA or from any resident of the respective society.
B) Necessary orders/directions may kindly be passed directing that respective RWA/SWA/AOA of such project(s) shall not create any hindrance in taking over such project(s) from NBCC upon completion.” Learned Court Receiver as well as Mr. M.L. Lahoti, learned Advocate representing home buyers have no objection to the prayers made in the application.
We accept the application and direct that NBCC shall mark appropriate locations for the community facilities like G.D., Transformers, etc. on the approved layout plan or in the event that such locations are not fixed in the approved sanctioned/layout plan, mark the same at a place which according to the opinion of the NBCC is the appropriate location. After making such markings, the copies of the concerned plans under the signature of the responsible Officers of the NBCC shall be filed in the Registry of this Court for the purposes of record.
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This I.A. stands disposed of.
PART III NOTE DATED 03.09.2021 SUBMITTED BY MR. M.L. LAHOTI, LEARNED ADVOCATE FOR HOME BUYERS A. It is submitted that five private individuals have shown willingness and inclination to purchase following attached properties of Amrapali Project:
Application No. Property Offer Price
Z-348 I.A. No.28063 & 28070 of E-11, Jaypee Greens, Sector Rs.2,70,00,000/-
2021 (Notice issued on 128 Noida
05.04.2021 page 979)
Z-356 I.A. No.56431 & 56434of 2021 E-12, Jaypee Greens, Sector Rs.2,70,00,000/-
128 Noida
Z-355 IA.No.56420 & 56423 of 2021 E-1/4, Jaypee Greens, Rs, 8,00,00,000/-
Surajpurkasna, Greater Noida
Z-357 I.A.No.69178 & 69198 of 2021 A-14, Jaypee Greens, Sector Rs. 1,65,00,000/-
128, Noida
Z-360 I.A. Nos. 94548 & 94549 of L-801, Pearl Gateway Towers, Rs. 4,00,00,000/-
2021 Sector 44, Noida
Rs.19,05,00,000/-
Mr. Brijender Chahar, learned Senior Advocate appearing for Mr. Shiv Priya submits that out of the aforestated five properties, his client has interest in three properties at Sr. Nos.2,3 and 5 and that unless the matter with regard to the issue as to whether the properties of the Directors can be proceeded against is decided by this Court, the exercise need not be undertaken. He has invited our attention to the orders dated 23.11.2020 and 05.04.2021 in terms of which learned Court Receiver was requested to consider the 19 objections on behalf of Mr. Anil Kumar Sharma, related persons or their representatives and then submit a preliminary Report. The orders had also requested Forensic Auditors to associate themselves with the concerned inquiry. It is submitted by Mr. Chahar that the exercise so contemplated by said orders dated 23.11.2020 and 05.04.2021 has not yet been undertaken.
Mr. Pavan Aggarwal, learned Forensic Auditor, who is present, submits that from 6th September onwards, he shall associate himself with the inquiry contemplated by the aforesaid orders. The learned Court Receiver submits that the exercise shall be undertaken and concluded as early as possible and the outcome shall be reported to this Court. Let the needful be done.
In the meantime, we request the learned Court Receiver to engage the services of any competent and qualified Valuer to value the aforementioned five properties, so that appropriate steps can be taken on the next occasion.
Let the process of valuation be undertaken immediately and Valuer’s Report be placed on record.
List this issue after three weeks.
RE: UNUSED AND PERMISSIBLE F.A.R. B. The next issue highlighted by Mr. Lahoti is with regard to the unused/ permissible FAR as dealt with in note dated 02.08.2021, which according to Mr. Lahoti can fetch about Rs.1,001.67 crores. 20
The note dated 02.08.2021 had submitted: -
“As per page 32 of “Abstract of Inventories of Stalled/incomplete projects of Amrapali in Noida/Greater Noida” submitted by the learned Court Receiver in June, 2020, an amount of Rs.1001.67 crores can be fetched from the unused and permissible FAR in the following manner:
I. Unused Sanctioned FAR (pages 21.24) Project Saleable Area Likely Market Total (lakhs sq. ft.) value (lakhs sq. ft.) (in Crores) Residential Commercial Residential Commercial Silicon City 11.232 1.69 134.78 30.42 165.20 Princely 2.509 0.0312 30.11 0.56 30.69 Estate Dream 20.111 0.975 140.78 14.64 155.40 Valley Centurian 16.003 0.351 112.02 5.27 117.29 Park Leisure 1.131 0.065 7.92 0.98 8.89 Park Golf 12.922 0 90.45 0 90.45 Homes 67.02 Rs.567.91 crores II. Permissible FAR (Pages 25-26) Project Saleable Area Likely Market Total (lakhs sq. ft.) value (lakhs sq. ft.) (in Crores) Residential Commercial Residential Commercial Leisure 46.72 0.69 327.05 10.33 337.38 Valley Leisure 6.45 0.40 45.14 6.05 51.18 Park Golf 6.32 0.07 44.23 0.98 45.20 Homes 60.65 Rs.433.76 crores” 21 Mr. Siddharth Dave, learned Senior Advocate appearing for NBCC also furnished a Note which has dealt with this issue in paragraphs 3 to 6 as under:-
“3. That vide order dated 29.10.2020, NBCC was permitted to effectuate sale of unsold inventories and FARs, under the supervision of the Ld. Receiver. That for the aggressive sale of unsold inventory and unused FAR in Erstwhile Amrapali projects and to generate the cash flow to meet out the fund requirements by sale of inventories, it was proposed that Channel Partners be appointed by floating tenders. That vide letter dated 12.06.2021, the Ld. Court Receiver accorded his consent to the Engagement of Channel Partners for Sale of Housing units and Commercial areas of Various Erstwhile Amrapali Projects at Noida and Greater Noida and requested to solicit the final approval from this Hon’ble Court for appointment of Channel Partner.
4. That pursuant to the same, tenders were floated for “Appointment of Channel Partner for Sale of Housing units and Commercial areas of Various Erstwhile Amrapali Projects at Noida and Greater Noida”. Technical bid of the said tender was opened on 05.08.2021, wherein 4 bidders have submitted their tenders. Two bidders namely M/s Quikr India Private Ltd and M/s Square Yards Consulting Pvt. Ltd were technically disqualified for not meeting the eligibility criteria as per NIT.
5. That Financial Bids of two bidders namely M/s Anarock Property Consultants Pvt. Ltd and M/s Investors Clinic Infratech (P) Limited were opened and M/s Anarock Property Consultants Pvt.
Ltd was the lowest bidder with quoted percentage of 2.86% plus GST. That vide letter dated 02.09.2021, approval was sought from the Ld. Court Receiver to award the work to M/s Anarock Property Consultants Pvt. Ltd.
6. That on 01.09.2021, NBCC has received advance copy a Writ Petition filed by M/s Square Yards Consulting Pvt. Ltd. before the Hon’ble Delhi High Court against NBCC, inter-alia seeking directions to quash the disqualification by NBCC and directions to consider the Financial Bid of 22 M/s Square Yards Consulting Pvt. Ltd.” Mr. Dave submits that considering the fact that sale of unused inventory and FARs will require extensive marketing, the learned Court Receiver has accorded consent to the engagement of Channel Partners. The process of selection of Channel Partners has therefore been undertaken. However, NBCC has recently received an advance copy of a Writ Petition filed by M/s. Square Yards Consulting Pvt. Ltd. as stated in paragraph 6 of the Note.
Mr. Dave submits that an appropriate application seeking transfer of said Writ Petition to this Court will be filed by NBCC.
C. SUBVENTION SCHEME This issue was dealt within the order dated 29.10.2020 in Part 1(f) and the note given by the learned Court Receiver was quoted in extenso. Notices were directed to be issued to (i) Bank of Maharashtra, (ii) Union Bank (erstwhile Corporation Bank and Andhra Bank, which have since then merged in the Union Bank), and
(iii) Canara Bank, which had extended the concerned facility and entered into Subvention Agreements. It appears that despite such notice, no responses have yet been received from the concerned Banks.
Ms. Deepika Raghav, learned counsel appearing for the Bank of Maharashtra and Canara Bank submits that appropriate responses shall be filed within a week’s time.
23
Mr. Kumar Mihir, learned counsel submits that apart from the aforementioned three banks, State Bank of India, Central Bank of India and Bank of Baroda have also extended similar facility and entered into Subvention Agreement.
We issue notices to these banks and direct them to submit their responses within two weeks’ time.
D. CLEARANCE OF DUES BY THE HOME BUYERS Mr. Lahoti, learned counsel for the home buyers submits that some of the projects undertaken by the NBCC are nearing completion and about 2500 apartments will be ready for delivery of possession.
To a query whether the home buyers who have booked these apartments have paid up all their instalments, Mr. Lahoti submits that most of them may be entitled to have the compensation towards delay in delivery of possession to be adjusted against the instalments that are due from them.
At this stage, all the concerned home buyers must pay up all their instalments so that as soon as the projects are completed by the NBCC, possession of the respective apartments can be handed over to the concerned home buyers.
We direct the home buyers to pay up all their instalments on or before 10th October, 2021 24 PART IV On the next date, the matters pertaining to Prem Mishra and some of the Companies with which he is associated (Vol. R-138) and the report submitted by Enforcement Directorate shall be taken as first item on board, followed by the applications filed on behalf of Noida/Greater Noida [I.A. No.109882 of 2020 (Vol. No. Z-309 & Vol. No. R-103); I.A. No.168186 of 2018 (Vol. No. Z-68); I.A. No.114865 (Vol. No. Z-318); and Document Vol. No. R-142] as mentioned in order dated 11.01.2021.
List these matters on 13.09.2021 at 2.00 PM.
(INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER