Supreme Court - Daily Orders
Bikram Chatterji vs Union Of India on 7 September, 2020
Bench: Uday Umesh Lalit, Ashok Bhushan
1
ITEM NO.301 COURT NO.4 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)
(IA No.131601/2019 - FOR PERMISSION; IA No.67992/2020 - FOR
PERMISSION; IA No.54332/2019 - FOR PERMISSION; IA No.67998/2020 -
FOR PERMISSION; IA No.55926/2019 - FOR APPROPRIATE ORDERS/
DIRECTIONS; IA No.111769/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS;
IA No.153528/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.49478/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.76567/2020
- FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.80377/2020 - FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.181365/2018 - FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.6282/2019 - FOR APPROPRIATE ORDERS/
DIRECTIONS; IA No.58648/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS;
IA No.76633/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.116755/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.131434/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.4046/2020
- FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.67590/2020 - FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.55290/2019 - FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.116711/2019 - FOR APPROPRIATE ORDERS/
DIRECTIONS; IA No.152863/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS;
IA No.63013/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.78116/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.8260/2019
- FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.183660/2019 - FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.49139/2020 - FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.74385/2020 - FOR APPROPRIATE ORDERS/
DIRECTIONS; IA No.74001/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS;
IA No.1023/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.50370/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.88895/2019
- FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.134223/2019 - FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.158676/2019 - FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.196088/2019 - FOR APPROPRIATE ORDERS/
DIRECTIONS; IA No.14452/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS;
IA No.35266/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.50211/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.166632/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.52738/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.65872/2020
Signature Not Verified
- FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.87129/2020 - FOR
Digitally signed by Dr.
Mukesh Nasa
Date: 2020.09.09
APPROPRIATE ORDERS/DIRECTIONS; IA No.156505/2018 - FOR APPROPRIATE
16:12:37 IST
Reason:
ORDERS/DIRECTIONS; IA No.6286/2019 - FOR APPROPRIATE ORDERS/
DIRECTIONS; IA No.69987/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS;
IA No.77230/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.137700/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
2
No.141736/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.155954/
2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.65292/2020 - FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.58660/2019 – FOR
CLARIFICATION/DIRECTION; IA No.68982/2019 – FOR CLARIFICATION/
DIRECTION; IA No.137696/2019 – FOR CLARIFICATION/ DIRECTION; IA
No.186953/2019 – FOR CLARIFICATION/DIRECTION; IA No.28883/2020 –
FOR CLARIFICATION/DIRECTION; IA No.55922/2018 – FOR
CLARIFICATION/DIRECTION; IA No.137609/2018 – FOR CLARIFICATION/
DIRECTION; IA No.71649/2019 – FOR CLARIFICATION/DIRECTION; IA
No.153341/2019 – FOR CLARIFICATION/DIRECTION; IA No.165891/2019 –
FOR CLARIFICATION/DIRECTION; IA No.65066/2020 – FOR CLARIFICATION/
DIRECTION; IA No.51806/2018 – FOR CLARIFICATION/ DIRECTION; IA
No.137605/2018 – FOR CLARIFICATION/DIRECTION; IA No.180011/2019 –
FOR CLARIFICATION/DIRECTION; IA No.152091/2018 – FOR
CLARIFICATION/DIRECTION; IA No.18595/2019 – FOR CLARIFICATION/
DIRECTION; IA No.71035/2019 – FOR CLARIFICATION/ DIRECTION; IA
No.98419/2019 – FOR CLARIFICATION/DIRECTION; IA No.128348/2019 –
FOR CLARIFICATION/DIRECTION; IA No.135354/2019 – FOR
CLARIFICATION/DIRECTION; IA No.140455/2019 – FOR CLARIFICATION/
DIRECTION; IA No.179265/2019 – FOR CLARIFICATION/ DIRECTION; IA
No.130673/2018 – FOR CLARIFICATION/DIRECTION; IA No.146057/2018 –
FOR CLARIFICATION/DIRECTION; IA No.54336/2019 – FOR CLARIFICATION/
DIRECTION; IA No.6608/2018 – FOR CLARIFICATION/DIRECTION; IA
No.185514/2018 – FOR CLARIFICATION/ DIRECTION; IA No.114496/2019 –
FOR CLARIFICATION/ DIRECTION; IA No.125860/2018 – FOR
CLARIFICATION/DIRECTION; IA No.140746/2018 – FOR CLARIFICATION/
DIRECTION; IA No.121625/2019 – FOR CLARIFICATION/DIRECTION; IA
No.73797/2020 – FOR CLARIFICATION/ DIRECTION; IA No.96889/2018 –
FOR CLARIFICATION/ DIRECTION; IA No.138861/2018 – FOR
CLARIFICATION/DIRECTION; IA No.13529/2019 – FOR CLARIFICATION/
DIRECTION; IA No.95273/2018 – FOR CLARIFICATION/ DIRECTION; IA
No.138856/2018 – FOR CLARIFICATION/ DIRECTION; IA No.189314/2019 -
COMPLIANCE OF COURTS ORDER; IA No.60844/2020 - CONDONATION OF DELAY
IN FILING; IA No.55930/2019 - EX-PARTE AD-INTERIM RELIEF; IA
No.59422/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; IA No.49239/
2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; IA No.53343/2020 - FOR
EXEMPTION FROM FILING AFFIDAVIT; IA No.50855/2020 - FOR EXEMPTION
FROM FILING AFFIDAVIT; IA No.53322/2020 - FOR EXEMPTION FROM FILING
AFFIDAVIT; IA No.74386/ 2020 - FOR EXEMPTION FROM FILING AFFIDAVIT;
IA No.50844/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; IA
No.59410/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; IA
No.52920/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; IA No.74183/
2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; IA No.52833/2020 - FOR
EXEMPTION FROM FILING AFFIDAVIT; IA No.60475/2020 - FOR EXEMPTION
FROM FILING AFFIDAVIT; IA No.74170/ 2020 - FOR EXEMPTION FROM
FILING AFFIDAVIT; IA No.49720/2020 - FOR EXEMPTION FROM FILING
AFFIDAVIT; IA No.52665/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT;
IA No.59624/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; IA
No.59419/2020 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT; IA No.59404/2020 - FOR EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT; IA No.53774/2020 - FOR EXEMPTION FROM FILING
O.T.; IA No.59420/2020 - FOR EXEMPTION FROM FILING O.T.; IA
No.49140/2020 - FOR EXEMPTION FROM FILING O.T.; IA No.59408/2020 -
3
FOR EXEMPTION FROM FILING O.T.; IA No.65885/2020 - FOR EXEMPTION
FROM FILING O.T.; IA No.128852/2018 - FOR EXEMPTION FROM FILING
O.T.; IA No.161945/2018 - FOR EXEMPTION FROM FILING O.T.; IA
No.14369/2019 - FOR EXEMPTION FROM FILING O.T.; IA No.54083/2020 -
FOR EXEMPTION FROM FILING O.T.; IA No.60396/2020 - FOR EXEMPTION
FROM FILING O.T.; IA No.58661/2019 - FOR EXEMPTION FROM FILING
O.T.; IA No.54077/2020 - FOR EXEMPTION FROM FILING O.T.; IA
No.67157/2020 - EXEMPTION FROM PAYING COURT FEE; IA No.15119/2020 -
EXTENSION OF TIME; IA No.7529/2019 - EXTENSION OF TIME; IA
No.172502/2019 - EXTENSION OF TIME; IA No.135815/2017 - I/A U/S 152
R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING
CLARIFICATIONS; IA No.6855/2018 - FOR GRANTING PERMISSION TO ACCESS
THE PORTAL FACILITY; IA No.77217/2019 - FOR INTERVENTION; IA
No.127385/2019 - FOR INTERVENTION; IA No.141728/2019 - FOR
INTERVENTION; IA No.166626/2019 - FOR INTERVENTION; IA No.168186/
2018 - FOR INTERVENTION; IA No.13175/2019 - FOR INTERVENTION; IA
No.48140/2019 - FOR INTERVENTION; IA No.126062/2019 - FOR
INTERVENTION; IA No.137695/2019 - FOR INTERVENTION; IA No.141201/
2019 - FOR INTERVENTION; IA No.183939/2019 - FOR INTERVENTION; IA
No.154433/2018 - FOR INTERVENTION; IA No.21443/2019 - FOR
INTERVENTION; IA No.48133/2019 - FOR INTERVENTION; IA No.71647/2019
- FOR INTERVENTION; IA No.76585/2019 - FOR INTERVENTION; IA
No.165888/2019 - FOR INTERVENTION; IA No.20142/2020 - FOR
INTERVENTION; IA No.163675/2018 - FOR INTERVENTION; IA No.179645/
2018 - FOR INTERVENTION; IA No.116644/2019 - FOR INTERVENTION; IA
No.161713/2019 - FOR INTERVENTION; IA No.1891/2020 - FOR
INTERVENTION; IA No.15764/2020 - FOR INTERVENTION; IA No.53321/2020
- FOR INTERVENTION; IA No.78113/2020 - FOR INTERVENTION; IA
No.174865/2018 - FOR INTERVENTION; IA No.8259/2019 - FOR
INTERVENTION; IA No.45717/2019 - FOR INTERVENTION; IA No.95349/2019
- FOR INTERVENTION; IA No.116634/2019 - FOR INTERVENTION; IA
No.128346/2019 - FOR INTERVENTION; IA No.140450/2019 - FOR
INTERVENTION; IA No.151017/2019 - FOR INTERVENTION; IA
No.49138/2020 - FOR INTERVENTION; IA No.173033/2018 - FOR
INTERVENTION; IA No.16636/2019 - FOR INTERVENTION; IA No.70637/2019
- FOR INTERVENTION; IA No.73996/2019 - FOR INTERVENTION; IA
No.138009/2019 - FOR INTERVENTION; IA No.146529/2019 - FOR
INTERVENTION; IA No.183474/2019 - FOR INTERVENTION; IA No.156964/
2018 - FOR INTERVENTION; IA No.185510/2018 - FOR INTERVENTION; IA
No.38101/2019 - FOR INTERVENTION; IA No.60421/2019 - FOR
INTERVENTION; IA No.73680/2019 - FOR INTERVENTION; IA No.114490/
2019 - FOR INTERVENTION; IA No.134222/2019 - FOR INTERVENTION; IA
No.138008/2019 - FOR INTERVENTION; IA No.142631/2019 - FOR
INTERVENTION; IA No.38092/2019 - FOR INTERVENTION; IA No.133574/
2019 - FOR INTERVENTION; IA No.49702/2020 - FOR INTERVENTION; IA
No.77080/2020 - FOR INTERVENTION; IA No.87126/2020 - FOR
INTERVENTION; IA No.13528/2019 - FOR INTERVENTION; IA No.32985/2019
- FOR INTERVENTION; IA No.50494/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.71855/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.116985/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.28758/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.55921/2019 – FOR
INTERVENTION/IMPLEADMENT; IA No.68249/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.111762/2019 – FOR INTERVENTION/IMPLEADMENT; IA
4
No.181509/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.28880/2020 –
FOR INTERVENTION/IMPLEADMENT; IA No.80375/2020 – FOR INTERVENTION/
IMPLEADMENT; IA No.165056/2018 – FOR INTERVENTION/IMPLEADMENT; IA
No.181362/2018 – FOR INTERVENTION/IMPLEADMENT; IA No.6281/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.9802/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.58642/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.108144/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.131433/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.140830/2019 – FOR
INTERVENTION/IMPLEADMENT; IA No.3573/2020 – FOR INTERVENTION/
IMPLEADMENT; IA No.374/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.45892/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.55240/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.58590/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.66978/2019 – FOR INTERVENTION/ IMPLEADMENT; IA
No.74906/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.125844/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.152862/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.163248/2018 – FOR INTERVENTION/IMPLEADMENT; IA
No.185798/2018 – FOR INTERVENTION/IMPLEADMENT; IA No.18593/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.57916/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.63137/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.71032/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.124657/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.135352/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.158682/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.179264/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.183658/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.78096/2020 – FOR INTERVENTION/
IMPLEADMENT; IA No.57258/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.61391/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.122366/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.65880/2020 – FOR INTERVENTION/
IMPLEADMENT; IA No.172228/2018 – FOR INTERVENTION/ IMPLEADMENT; IA
No.7040/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.52105/2019 – FOR
INTERVENTION/IMPLEADMENT; IA No.56892/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.70159/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.88894/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.155967/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.196084/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.12891/2020 – FOR INTERVENTION/IMPLEADMENT; IA
No.35263/2020 – FOR INTERVENTION/IMPLEADMENT; IA No.181715/2018 –
FOR INTERVENTION/IMPLEADMENT; IA No.71865/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.112184/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.127468/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.166629/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.6260/2020 – FOR INTERVENTION/
IMPLEADMENT; IA No.29767/2020 – FOR INTERVENTION/IMPLEADMENT; IA
No.156503/2018 – FOR INTERVENTION/IMPLEADMENT; IA No.169415/2018 –
FOR INTERVENTION/IMPLEADMENT; IA No.181491/2018 – FOR INTERVENTION/
IMPLEADMENT; IA No.6285/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.182077/2019 – MODIFICATION; IA No.125846/2019 – MODIFICATION;
IA No.183661/2019 – MODIFICATION; IA No.135446/2018 – MODIFICATION;
IA No.182673/2019 – MODIFICATION; IA No.182079/2019 – MODIFICATION;
IA No.65070/2020 - MODIFICATION OF COURT ORDER; IA No.67153/2020 -
MODIFICATION OF COURT ORDER; IA No.77651/2020 - MODIFICATION OF
COURT ORDER; IA No.169613/2018 - MODIFICATION OF COURT ORDER; IA
No.50673/2019 - MODIFICATION OF COURT ORDER; IA No.4071/2020 -
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES; IA
No.52662/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES; IA No.154749/2018 - PERMISSION TO FILE ADDITIONAL
5
DOCUMENTS/FACTS/ANNEXURES; IA No.51144/2020 - PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES; IA No.76564/2020 - PERMISSION
TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES; IA No.136967/2019 -
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES; IA
No.60700/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES; IA No.77890/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES; IA No.118710/2019 - PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES; IA No.140269/2017 -
PERMISSION TO FILE FOR DIRECTION; IA No.127793/2019 - RECALLING THE
COURTS ORDER; IA No.127787/2019 - RECALLING THE COURTS ORDER; IA
No.66979/2019 - STAY APPLICATION; IA No.50374/2018 - VACATING STAY;
and IA No.143227/2018 - WITHDRAWAL OF CASE / APPLICATION)
WITH
CONMT. PET.(C) No.525/2020 in W.P.(C) No. 940/2017 (X)
(IA No.85953/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT)
CONMT. PET.(C) No.526/2020 in W.P.(C) No. 940/2017 (X)
(IA No.85957/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; and, IA
No.78267/2020 - FOR EXEMPTION FROM FILING O.T.)
CONMT. PET.(C) No.527/2020 in W.P.(C) No. 940/2017 (X)
(IA No.85955/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; and, IA
No.78297/2020 - FOR EXEMPTION FROM FILING O.T.)
SMC (Crl) No.4/2018 (XVII)
W.P.(C) No.378/2018 (X)
(IA No. 108147/2019 - FOR CLARIFICATION/DIRECTION)
W.P.(C) No.245/2018 (X)
(IA No.130704/2018 – FOR CLARIFICATION/DIRECTION; IA No.89596/2018
– FOR CLARIFICATION/DIRECTION; IA No.89595/2018 - FOR INTERVENTION;
IA No.25011/2019 – FOR INTERVENTION/IMPLEADMENT; and, IA No.130699/
2018 - FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.306/2018 (X)
(IA No.71092/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.13338/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.154481/
2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.174316/2018 – FOR
CLARIFICATION/DIRECTION; IA No.110349/2018 – FOR CLARIFICATION/
DIRECTION; IA No.51120/2018 - FOR EXEMPTION FROM FILING O.T.; IA
No.126110/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.71089/2019 –
FOR INTERVENTION/IMPLEADMENT; and, IA No.154477/2019 - FOR
INTERVENTION/IMPLEADMENT)
SLP(C) No.1879/2018 (XVII)
(IA No. 127671/2017 - FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
6
Diary No.36392/2019 (X)
(IA No. 155351/2019 – FOR INITIATING CONTEMPT PROCEEDINGS)
CONMT. PET.(C) No.483/2020 in W.P.(C) No.940/2017 (X)
(IA No.75024/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; and, IA
No.75021/2020 - FOR EXEMPTION FROM FILING O.T.)
MA No.1107/2020 in W.P.(C) No.866/2018 (X)
(IA No. 38531/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS)
W.P.(C) No.288/2018 (X)
(IA No.84512/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.5615/2019 – FOR CLARIFICATION/DIRECTION; IA No.152298/2019 – FOR
CLARIFICATION/DIRECTION; IA No.69146/2019 – FOR CLARIFICATION/
DIRECTION; IA No.72686/2018 – FOR CLARIFICATION/DIRECTION; IA
No.13163/2019 – FOR CLARIFICATION/DIRECTION; IA No.119574/2018 -
FOR INTERVENTION; IA No.69145/2019 - FOR INTERVENTION; IA
No.13161/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.5585/2019 – FOR
INTERVENTION/IMPLEADMENT; IA No.73759/2018 – FOR INTERVENTION/
IMPLEADMENT; IA No.39338/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.72685/2018 – FOR INTERVENTION/IMPLEADMENT; and, IA No.22094/2019
- FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.1397/2018 (X)
(IA No.168712/2018 - FOR EXEMPTION FROM FILING O.T.; and, IA
No.19534/2020 - FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.298/2018 (X)
(IA No.70197/2019 - FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.502/2019 (X)
(IA No.63192/2019 - FOR EXEMPTION FROM FILING O.T.; and, IA
No.63194/2019 – FOR STAY)
W.P.(C) No.226/2018 (X)
W.P.(C) No.267/2018 (X)
(IA No.117762/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.88108/2018 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.117759/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.8035/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.112924/2018 – FOR INTERVENTION/
IMPLEADMENT; IA No.88092/2018 – FOR INTERVENTION/IMPLEADMENT; and,
IA No.91055/2018 - PERMISSION TO APPEAR AND ARGUE IN PERSON)
W.P.(C) No.199/2018 (X)
W.P.(C) No.246/2018 (X)
(IA No.52940/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.128936/2018
– FOR INTERVENTION/IMPLEADMENT; and, IA No.64608/2018 - FOR
INTERVENTION/IMPLEADMENT)
W.P.(C) No.353/2018 (X)
(IA No.57585/2018 – FOR STAY)
7
W.P.(C) No.829/2018 (X)
(IA No.95096/2018 - GRANT OF INTERIM RELIEF; IA No.10107/2019 – FOR
INTERVENTION/IMPLEADMENT; IA No.150545/2018 – FOR INTERVENTION/
IMPLEADMENT; IA No.133904/2018 – FOR INTERVENTION/IMPLEADMENT; IA
No.133899/2018 – FOR INTERVENTION/IMPLEADMENT; IA No.105207/2018 –
FOR INTERVENTION/IMPLEADMENT; IA No.96559/2018 – FOR INTERVENTION/
IMPLEADMENT; IA No.86986/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.86981/2019 – FOR INTERVENTION/IMPLEADMENT; and, IA No.28747/2019
- FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.742/2018 (X)
(IA No. 70367/2019 - FOR CLARIFICATION/DIRECTION)
W.P.(C) No.460/2018 (X)
(IA No.73659/2019 - FOR INTERVENTION; IA No.73588/2019 - FOR
INTERVENTION; and, IA No.73572/2019 - FOR INTERVENTION)
W.P.(C) No.1018/2017 (X)
IA No.67845/2018 – FOR CLARIFICATION/DIRECTION; IA No.7355/2018 –
FOR CLARIFICATION/DIRECTION; IA No.124195/2017 – FOR CLARIFICATION/
DIRECTION; IA No.70780/2019 – FOR CLARIFICATION/DIRECTION; IA
No.70682/2019 - FOR INTERVENTION; IA No.70627/2019 - FOR
INTERVENTION; IA No.70776/2019 - FOR INTERVENTION; IA No.18166/2019
– FOR INTERVENTION/IMPLEADMENT; IA No.77894/2018 – FOR
INTERVENTION/IMPLEADMENT; and, IA No.181918/2019 - FOR
INTERVENTION/IMPLEADMENT)
W.P.(C) No.134/2018 (X)
(IA No.134242/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.58078/2019 – FOR CLARIFICATION/DIRECTION; IA No.6737/2019 – FOR
CLARIFICATION/DIRECTION; IA No.130714/2018 – FOR CLARIFICATION/
DIRECTION; IA No.47593/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.134239/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.124712/2018 –
FOR MODIFICATION; IA No.139175/2018 - MODIFICATION OF COURT ORDER;
and, IA No.27092/2018 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
W.P.(C) No.131/2018 (X)
(IA No.25109/2018 - FOR STAY/DIRECTIONS; and, IA No.144548/2018 -
FOR CLARIFICATION/DIRECTION)
W.P.(C) No.164/2018 (X)
(IA No.112937/2018 – FOR INTERVENTION/IMPLEADMENT; IA No.69072/2018
– FOR INTERVENTION/IMPLEADMENT; IA No.54777/2018 – FOR
INTERVENTION/IMPLEADMENT; and, IA No.54779/2018 - PERMISSION TO
APPEAR AND ARGUE IN PERSON)
W.P.(C) No.1206/2017 (X)
(IA No.189465/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.135678/2017 - FOR APPROPRIATE ORDERS/DIRECTIONS; and, IA
No.64361/2018 - FOR INTERVENTION/IMPLEADMENT)
8
W.P.(C) No.281/2018 (X)
(IA No.48296/2018 – FOR STAY)
W.P.(C) No.1116/2017 (X)
(IA No.138330/2019 - FOR INTERVENTION; IA No.95140/2018 - FOR
INTERVENTION; IA No.93273/2018 - FOR INTERVENTION; IA No.23174/2019
– FOR INTERVENTION/IMPLEADMENT; IA No.18171/2019 – FOR
INTERVENTION/IMPLEADMENT; and, IA No.64164/2018 - FOR INTERVENTION/
IMPLEADMENT)
W.P.(C) No.1156/2017 (X)
(IA No.145019/2018 – FOR CLARIFICATION/DIRECTION; IA No.36571/2018
– FOR CLARIFICATION/DIRECTION; IA No.45279/2020 - FOR EXEMPTION
FROM FILING O.T.; IA No.45273/2020 - FOR INTERVENTION; IA
No.145001/2018 – FOR INTERVENTION/IMPLEADMENT; IA No.197634/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.152772/2019 – FOR
INTERVENTION/IMPLEADMENT; IA No.105239/2018 – FOR INTERVENTION/
IMPLEADMENT; IA No.70189/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.102536/2018 – FOR INTERVENTION/IMPLEADMENT; IA No.70181/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.64349/2018 – FOR INTERVENTION/
IMPLEADMENT; IA No.34231/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.34225/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.159360/2018 –
FOR INTERVENTION/IMPLEADMENT; and IA No.126890/2018 - MODIFICATION
OF COURT ORDER)
W.P.(C) No.1144/2017 (X)
(IA No.191096/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; and, IA
No.124701/2017 - FOR APPROPRIATE ORDERS/DIRECTIONS)
W.P.(C) No. 1041/2017 (X)
(IA No.96101/2018 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.56701/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.8308/2019
- FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.183707/2019 - FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.179445/2018 - FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.71082/2019 - FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.13505/2019 – FOR CLARIFICATION/DIRECTION;
IA No.35467/2018 – FOR CLARIFICATION/DIRECTION; IA No.25742/2018 –
FOR CLARIFICATION/DIRECTION; IA No.157309/2018 – FOR CLARIFICATION/
DIRECTION; IA No.117300/2018 - FOR CLARIFICATION/DIRECTION; IA
No.51140/2018 - I/A FOR TAKING THE JOINT INSPECTION REPORT DATED
20.03.2018 ON RECORD; IA No.70691/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.70687/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.70679/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.70699/2019 –
FOR INTERVENTION/ IMPLEADMENT; IA No.70694/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.64019/2018 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES; and, IA No.60314/2018 - PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
W.P.(C) No.971/2017 (X)
(IA No.77919/2020 - FOR FOR EXEMPTION FROM FILING TYPED DOCUMENTS; IA
No.138075/2018 - FOR RECTIFICATION; IA No.77918/2020 - FOR APPROPRIATE
ORDERS/DIRECTIONS; and, IA No.146553/2018 – FOR CLARIFICATION/DIRECTION;
and, IA No.102714/2017 - FOR CLARIFICATION/DIRECTION)
9
W.P.(C) No.947/2017 (X)
(IA No.100453/2017 - FOR APPROPRIATE ORDERS/DIRECTIONS; and, IA
No.6312/2018 - FOR CLARIFICATION/DIRECTION)
W.P.(C) No.74/2018 (X)
W.P.(C) No.56/2018 (X)
(IA No.70171/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.34222/2019
– FOR INTERVENTION/IMPLEADMENT; and, IA No.159391/2018 - FOR
INTERVENTION/IMPLEADMENT)
W.P.(C) No.182/2018 (X)
(IA No.67627/2019 – FOR CLARIFICATION/DIRECTION; IA No.68027/2018 –
FOR CLARIFICATION/DIRECTION; IA No.67618/2019 – FOR INTERVENTION/
IMPLEADMENT; and, IA No.68025/2018 - FOR INTERVENTION/ IMPLEADMENT)
W.P.(C) No.8/2018 (X)
(IA No.118548/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; and, IA
No.33335/2020 - FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.91/2018 (X)
(IA No.183569/2018 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.94876/2018 – FOR CLARIFICATION/DIRECTION; IA No.73678/2019 - FOR
INTERVENTION; IA No.34223/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.58087/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.58080/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.75203/2019 – FOR
INTERVENTION/IMPLEADMENT; IA No.183565/2018 – FOR INTERVENTION/
IMPLEADMENT; IA No.58072/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.159344/2018 – FOR INTERVENTION/IMPLEADMENT; IA No.56169/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.70228/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.156025/2018 – FOR INTERVENTION/ IMPLEADMENT; IA
No.56163/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.64688/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.153832/2018 – FOR
INTERVENTION/IMPLEADMENT; IA No.56147/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.58125/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.54905/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.58117/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.47139/2019 – FOR INTERVENTION/
IMPLEADMENT; and, IA No.58094/2019 - FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.160/2018 (X)
(IA No.56110/2020 – FOR CLARIFICATION/DIRECTION; IA No.146516/2018
– FOR CLARIFICATION/DIRECTION; IA No.56111/2020 - FOR EXEMPTION
FROM FILING AFFIDAVIT; IA No.52923/2020 - FOR EXEMPTION FROM FILING
AFFIDAVIT; IA No.60826/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT;
IA No.56301/2018 - FOR EXEMPTION FROM FILING O.T.; IA No.80507/2020
– FOR INTERVENTION/IMPLEADMENT; IA No.92782/2018 – FOR
MODIFICATION; and, IA No.56300/2018 - PERMISSION TO FILE SUBSQUENT
EVENTS ON RECORD)
10
W.P.(C) No.21/2018 (X)
(IA No.50202/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.35623/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.152628/2018 – FOR CLARIFICATION/DIRECTION; and, IA No.50193/2019
- FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.58/2018 (X)
(IA No.138706/2018 – FOR CLARIFICATION/DIRECTION;IA No.113352/2018
– FOR CLARIFICATION/DIRECTION; IA No.70203/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.34234/2019 – FOR INTERVENTION/IMPLEADMENT; and
IA No.159369/2018 - FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.52/2018 (X)
(IA No.125396/2018 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.71069/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS;IA No.96112/2018
- FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.25842/2018 - FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.183355/2018 - FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.71057/2019 - FOR APPROPRIATE
ORDERS/DIRECTIONS; IA No.174512/2018 – FOR CLARIFICATION/DIRECTION;
IA No.171497/2018 – FOR CLARIFICATION/DIRECTION; IA No.171492/2018
– FOR CLARIFICATION/DIRECTION; IA No.12716/2019 – FOR
CLARIFICATION/DIRECTION; IA No.2048/2019 – FOR CLARIFICATION/
DIRECTION; IA No.70201/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.34226/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.71881/2019 –
FOR INTERVENTION/IMPLEADMENT; IA No.156249/2018 – FOR
INTERVENTION/IMPLEADMENT; IA No.12715/2019 – FOR INTERVENTION/
IMPLEADMENT; IA No.71077/2019 – FOR INTERVENTION/IMPLEADMENT; IA
No.2024/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.71065/2019 – FOR
INTERVENTION/IMPLEADMENT; IA No.183354/2018 – FOR INTERVENTION/
IMPLEADMENT; and, IA No.70209/2019 - FOR INTERVENTION/IMPLEADMENT)
W.P.(C) No.1242/2017 (X)
W.P.(C) No.57/2018 (X)
(IA No. 64604/2018 - FOR CLARIFICATION/DIRECTION)
W.P.(C) No.942/2017 (PIL-W)
(IA No.171103/2019 - FOR APPROPRIATE ORDERS/DIRECTIONS;IA
No.152455/2018 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA
No.53175/2018 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.70785/2019
- FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.100082/2017 - FOR
APPROPRIATE ORDERS/DIRECTIONS; IA No.35933/2018 – FOR
CLARIFICATION/DIRECTION; IA No.112014/2018 – FOR CLARIFICATION/
DIRECTION; IA No.159017/2019 – FOR CLARIFICATION/DIRECTION; IA
No.14915/2018 - FOR CLARIFICATION/DIRECTION; IA No.82917/2018 – FOR
CLARIFICATION/DIRECTION; IA No.148953/2018 – FOR
CLARIFICATION/DIRECTION; IA No.134325/2019 – FOR CLARIFICATION/
DIRECTION; IA No.7366/2018 – FOR CLARIFICATION/DIRECTION; IA
No.55476/2018 – FOR CLARIFICATION/DIRECTION; IA No.148819/2018 –
FOR CLARIFICATION/DIRECTION; IA No.136570/2018 – FOR
CLARIFICATION/DIRECTION; IA No.125675/2018 – FOR CLARIFICATION/
DIRECTION; IA No.92775/2018 - I.A. FOR TAKING ON RECORD PROPOSAL
FOR PAYMENT; IA No.41987/2018 - I/A ON BEHALF OF RESP. NO 13
11
SEEKING PERMISSION TO PURSUE COMPANY APPLICATION NO. 17 (P.B) OF
2018; IA No.28870/2019 - FOR INTERVENTION; IA No.24972/2018 - FOR
INTERVENTION; IA No.73656/2019 - FOR INTERVENTION; IA No.70784/2019
- FOR INTERVENTION; IA No.34916/2018 – FOR INTERVENTION/
IMPLEADMENT; IA No.174830/2018 – FOR INTERVENTION/IMPLEADMENT; IA
No.171101/2019 – FOR INTERVENTION/IMPLEADMENT; IA No.108831/2017 –
FOR INTERVENTION/IMPLEADMENT; IA No.82253/2020 – FOR INTERVENTION/
IMPLEADMENT; IA No.37155/2018 – FOR INTERVENTION/ IMPLEADMENT; IA
No.29745/2019 – FOR INTERVENTION/ IMPLEADMENT; IA No.101530/2018 –
FOR MODIFICATION; IA No.122810/2018 – FOR MODIFICATION; and, IA
No.185335/2019 – FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/
FACTS/ANNEXURES).
Date : 07-09-2020 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. M. L. Lahoty, Adv.
Mr. Paban K Sharma, Adv.
Mr. Anchit Sripat, Adv.
Mr. Himanshu Shekhar, AOR
Mr. Vikramjit Banerjee, ASG
Ms. V. Mohana, Sr. Adv
Mr. Mukul Singh, Adv.
Mr. Prashant Singh,Adv.
Ms. Anil Katiyar,AOR
Mr. Vikramjit Banerjee, ASG
Mr. Mukul Singh, Adv.
Mr. Prashant Singh,Adv.
Mr. B.K. Prasad, Adv.
Mr. Vikramjit Banerjee, ASG
Mr. vibhu Shankar Mishra, Adv.
Mr. Mukul Singh, Adv.
Mr. B V Balaram Das, AOR
12
Mr. Vikramjit Banarjee, ASG
Mr. Mukul Singh Adv
Mr. Vikrant Yadav Adv
Mr. Prashant Singh, Adv.
Mr. Vibhu Shanker Mishra Adv
Mr. R.R. Rajesh Adv
Mr. Raj Bahadur Yadav, AOR
Mr. Parag Tripathi, Sr Adv
Mr. Joy Basu, Sr Adv
Mr. Kanak Bose, Adv
Mr. Varun Sarin, Adv
Mr. Lalitaksh Joshi, Adv
Mr. Ashok Mathur, AOR
Mr. Gopal Sankarnarayanan, Sr. Adv.
Mr. Raj Kamal, AOR
Mr. Dk Sharma, Adv.
Mr. Maheen Pradhan, Adv.
Mr. Aseem Atwal, Adv.
Mr. Kartavya Batra, Adv.
Mr. Sanjay Hegde,Sr.Adv.
Mr. Prashant Shukla, Adv.
Mr. Abhinav Ramkrishna, Adv.
Mr. Siddhartha Dave, Sr. Advocate
Mr. Gudipati G. Kashyap, Adv.
Ms. Apoorva Pandey
Ms. T. Archana, AOR
Mr. Ramji Srinivasan Sr. Advocate
Ms. Shweta Kapoor Advocate
Mr. Raghvendra Singh, Sr. Adv.
Ms. Garima Prashad, AOR
Mr. Abhitosh Pratap Singh, Adv.
Ms. Geeta Luthra, Sr. Adv.
Mr. Manoj Singh, Adv.
Mr. Sanjay Kumar Visen, AOR
Mr. P.N. Mishra,Sr.Adv.
Mr. Niraj Gupta, AOR
Md. Fuzail Khan, Advocate
Mr. Anshu Gupta,Adv.
13
Mr. V.K. Shukla,Sr.Adv.
Ms. Sukriti Chauhan,Adv.
Mr. Ayush Kumar,Adv.
Ms. Manju Jetley,AOR
Mr. Sanjay Kapur, AOR
Ms. Megha Karnwal, Adv.
Ms. Shobha Gupta, AOR
Mr. Anand Varma, AOR
Mr. Abhishek Prasad, Adv.
Mr. Dhairya Madan, Adv.
Mr. Raghvendra Pratap Singh, Adv.
Mr. Ravindra Kumar, Adv.
Mr. Rahul Malhotra, Adv.
Ms. Himanshi Madan, Adv.
Mr. Rajesh P., Adv.
Ms. Rukhmini Bobde, Adv.
Mr. Aviral Kapoor, Adv.
Ms. Riya Dhingra, Adv.
Mr. Vishal Prasad, AOR
Mr. Tahir Ashraf Siddiqui, AOR
Mr. Rahul Yadav, Adv.
Mr. Yatish Mohan, Adv.
Mr. Subhash Chandra Sagar, Adv.
Mr. E.C. Vidyasagar, AOR
Mr. Ramesh Babu M. R., AOR
Ms. Manisha Singh, Adv.
Ms. Nisha Sharma, Adv.
Mr. Ram Lal Roy, AOR
Mr. Umesh Pande, Adv.
Mr. Gaurav Goel, AOR
Mr. Manoj Singh, Adv.
Ms. Varsha Madhukar, Adv.
Mr. Rajesh Kumar, Adv.
Mr. Shubham Bhalla, AOR
Mr. Deepak Samota, Adv.
Mr. Vijay Kumar Diwedi, Adv.
14
Mr. Avneesh Arputham, AOR
Ms. Anuradha Arputham,Adv.
Ms. Kirti R. Mishra, AOR
Ms. Apurva Upmanyu, Adv.
Mr. Rajinder Wali, Adv.
Mr. B.K. Satija, Adv.
Mr. Sanjoy Kumar Ghosh, Advocate
Ms. Rupali Samanta Ghosh, AOR
Mr. Keshav Mohan, Adv
Mr. R.K Awasthi, Adv
Mr. Prashant Kumar, Advocate
Mr. Piyush Vatsa, Adv.
Mr. Santosh Kumar – I, Adv.
Mr. Janender Kumar Chumbak, Advocate
Ms. Radhika, Adv.
Ms. Amita Singh Kalkal, AOR
Mr. D. P. Singh, Adv.
Mr. Anurag Gupta, Adv.
Mr. Archit Singh, Adv.
Ms. Sonam Gupta, Adv.
Mr. Vikram Hegde, Advocate
Ms. Anurag Rana, Advocate
Mr. Shantanu Lakhotia,Adv.
Ms. Hima Lawrence, AOR
Mr. Mohit Chaudhary, Adv.
Ms. Puja Sharma, Adv.
Mr. Kunal Sachdeva, Adv.
Mr. Shyam Singh Yadav, Adv.
Mr. Imran Ali, Adv.
Mr. Balwinder Singh Suri , Adv.
Mr. Parveen Kumar, Adv.
Ms. Garima Sharma, Adv.
For Kings & Alliance, AOR
Mr. Gautam Das, AOR
Mr. C.M. Gopal,Adv.
Mr. Sunil Kumar Sethi, Adv.
Mr. Lalit Rana, Adv.
Mr. Vandana M. Berata, Adv.
Mr. Siddhartha Das, Adv.
15
Mr. Aviral Kashyap, AOR
Mr. Arpit Rai, Adv
Ms. Vimal Sinha,Adv.
Mr. Sanjeev Prakash Upadhyaya, Adv.
Ms. Bishwajit Dubey, Adv.
Ms. Srideepa Bhattacharyya, Adv.
For Cyril Amarchand Mangaldas, AOR
Mr. Sukant Vikram, AOR
Mr. Krishna Kant Dubey, Adv
Ms. Suchi Singh, Adv.
Mr. Sanjay Kumar Dubey, AOR
Mr. Abraham C. Mathews, Adv.
Mr. Mohammed Sadique T. A., AOR
Mr. Satish Pandey AOR
Mr. R.N. Singh,Adv.
Mr. Prasun Mishra,Adv.
Mr. Raghvendra Kumar, Adv.
Mr. Abdul Qadir, Adv.
Mr. Chandra Prakash, Adv.
Mr. Rahil Sharan, Adv.
Mr. Abhigya, AOR
Mr. Pradeep Kumar Dubey, Adv.
Mr. Siddharth Rajkumar Murarka, Adv.
Ms. Sunita Yadav, Adv.
Ms. Anamika Kushwaha, Adv.
Ms. Nandita Rao, Adv.
Mr. K. N. Agnihotri, Adv.
Ms. Mahija Reddy,Adv.
Mr. Pradhuman Gohil, Adv.
Ms. Taruna Singh Gohil, AoR
Ms. Riya Chopra, Adv.
Ms. Ranu Purohit, Adv.
Ms. Tanya Srivastava, Adv.
Mr. Prakash Kumar Singh, AoR
Dr. Brij Bhushan K . Jauhari
Ms. Purnima Jauhari, Adv,
Mr. Harsh Mahan , Adv.
Mr. O.P. Singh, Adv.
Ms. Anisha Upadhyay(AOR)
Mr. Nishant Kumar, Adv.
16
Mr. Abhinav Shrivastava, AOR
Mr. Karan Kohli, Adv.
Ms. Sakshi Banga, Advocate
Mr. Anas Tanwir, AoR
Mr. Rohit Kumar Singh, AOR
Mr. Shubham V. Gawande, Adv.
Ms. Arti Singh, AOR
Mr. Aakashdeep Singh Roda, Adv.
Ms. Pooja Singh, Adv.
Mr. Amit Bhanot, Adv.
Mr. Manish Kumar, Adv.
Mr. Harish Pandey, AOR
Mr. Alok Kumar Pandey, Adv.
Ms. Pallavi Shroff, Advocate
Mr. Manu Nair, Advocate
Mr. Neelabh Sheeresh, Advocate
Mr. Shardul Shroff, AOR
Mr. Ranjan Kumar Pandey, AOR
Mr. Sandeep Bisht, Advocate
Mr. Anuj Tiwari, Advocate
Mr. Shikhar Shrivastava, Advocate
Mr. Umesh Kr. Khaitan, AOR
Mr. Syed Arsalan Abid, Advocate
Mr. Prateek Khaitan, Advocate
Mr. Dheeraj Nair, AOR
Mr. Kumar Kislay, Advocate
Ms. Vishrutyi Sahni, Advocate
Mr. Devender Kumar Singh, Adv.
Mr. Karunakar Mahalik, AOR
Ms. Arveena Sharma,Adv.
Mr. Atul Sharma, Adv.
Mr. Abhishek Agarwal AOR
Mr. Suman Tripathy, Adv.
Mr. Rameshwar Prasad Goyal, Adv.
Ms. Astha Sharma, AoR
Mr. Sahil Sethi,Adv.
Mr. Shivam Shrama,Adv.
Ms. Mantika Haryani, Adv.
17
Mr. Shivam Sharma, Advocate
Mr. Braj Kishore Mishra, AOR
Mr. Vinod Kumar, Advocate
Mr. Abhishek Yadav,Adv.
Mr. A.C.Mishra, Adv.
Ms. Nipun Sharma, Adv.
for ACM Legal, AOR
Ms. Richa Kapoor, AOR
Mr. Shalya Agarwal, Adv.
Ms. Indrani Mukherjee, Adv
Ms. Tatini Basu, AOR
Ms. E. R. Sumathy, AOR
Ms. Savita Aggarwal, Adv.
Mr. Arvind Gupta, AOR
Mr. Vivek Bhojrajka, Adv.
Dr. Meera Mathew, Adv.
Mr. Sunil Kr. Pandey, Adv.
Mr. Shovan Mishra, AOR
Mr. Amit Pawan, AOR
Mr. Kumar Mihir, AOR
Mr. Shishir Pinaki, AOR
Mr. Aniruddha P. Mayee, AOR
Mr. Vivek Narayan Sharma, AOR
Mr. Manish Kumar Saran,AOR
Mr. Abhimanue Shrestha, AOR
Ms. Taruna Singh Gohil, AoR
Mr. Divyakant Lahoti, AoR
Mr. Jasmeet Singh, AOR
Ms. Anindita Roy Chowdhury Advocate
Mr. Sayobani Basu, Advocate
Ms. Urvashi Misra, Advocate
Mr. Anis Ahmed Khan AOR
18
Mr. Talha A Rahman, AOR
Mr. Aman Gupta AOR
Ms. Mayuri Raghuvanshi, AOR
Mr. Ambhoj Kumar Sinha, AOR
Mr. Chandan Kumar, AOR
Mr. Mohammed Sadique T.A., AOR
Mr. Kailash Prashad Pandey, AOR
M/s. Dharmaprabhas Law Associates, AOR
Mr. Abdul Azeem Kalebudde, AOR
Mr. Sukant Vikram, AOR
Mr. Shadan Farasat, AOR
Mr. Gopal Jha, AOR
Mr. Vishal Gupta, AOR
Mr. A. P. Mohanty, AOR
Mr. Ashok Kumar Singh, AOR
Mr. G. Balaji, AOR
Ms. Jasmine Damkewala, AOR
Ms. Sangeeta Singh, AOR
Mr. Binay Kumar Das, AOR
Mr. Sayaree Basu Mallik, AOR
Mr. Naresh Kumar, AOR
Mr. Prithvi Pal, AOR
Ms. Pallavi Pratap, AOR
Mr. Akhilesh Kumar Pandey, AOR
Ms. Rakhi Ray, AOR
19
Mr. Badri Prasad Singh, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mr. Ravindra Kumar, AOR
Mr. Balaji Srinivasan, AOR
Mr. Rajesh Kumar Gupta, AOR
Mr. Mukesh Kumar Maroria, AOR
Mr. Himanshu Tyagi, AOR
Mr. Sukant Vikram, AOR
Ms. Swarupama Chaturvedi, AOR
Mr. Harish Pandey, AOR
Mr. Joby P. Varghese, AOR
Mr. Pradeep Misra, AOR
Ms. Prerna Mehta, AOR
Ms. Gargi Khanna, AOR
Mr. Abdul Azeem Kalebudde, AOR
Mr. Roopansh Purohit, AOR
Mr. Christopher Dsouza, AOR
Mr. E. C. Vidya Sagar, AOR
Ms. Lalita Kaushik, AOR
Mr. Sarvam Ritam Khare, AOR
Mr. Sudhansu Palo, AOR
Ms. Anubha Agrawal, AOR
Mr. Sunny Choudhary, AOR
Ms. Chandan Ramamurthi, AOR
M/s. D.S.K. Legal, AOR
20
Mr. S. K. Verma, AOR
Mr. Kumar Dushyant Singh, AOR
Ms. Dharitry Phookan, AOR
Mr. Arun K. Sinha, AOR
Mr. Sanjay Kumar Dubey, AOR
Mr. Ritesh Agrawal, AOR
Mr. Kedar Nath Tripathy, AOR
Mr. Abhijit Sengupta, AOR
Mr. Arup Banerjee, AOR
Mr. Pramod Dayal, AOR
Ms. Usha Nandini. V, AOR
Ms. Mridula Ray Bharadwaj, AOR
Ms. Astha Sharma, AOR
Mr. Niraj Gupta, AOR
Mr. Annam D. N. Rao, AOR
Ms. Shalu Sharma, AOR
Mr. Somesh Chandra Jha, AOR
Ms. Suruchii Aggarwal, AOR
Mr. Ejaz Maqbool, AOR
Mr. Vishnu Sharma, AOR
Mr. Aviral Kashyap, AOR
Mr. Satyajeet Kumar, AOR
Mr. Syed Mehdi Imam, AOR
Mr. Prakash Ranjan Nayak, AOR
Ms. Bharti Tyagi, AOR
21
Ms. Anindita Pujari, AOR
Mr. Sibo Sankar Mishra, AOR
Mr. Shakil Ahmed Syed, AOR
Mr. G. N. Reddy, AOR
Mr. Kaushik Choudhury, AOR
Mr. Aakarshan Aditya, AOR
Mr. Mushtaq Ahmad, AOR
Mr. Shree Pal Singh, AOR
Mr. Malak Manish Bhatt, AOR
Mr. Dhananjay Garg, AOR
Mr. Brijesh Kumar Tamber, AOR
Mr. Rohit Kumar Singh, AOR
Mr. Sanand Ramakrishnan, AOR
Sayaree Basu Mallik, AOR
Mr. Pawanshree Agrawal, AOR
Mr. Nitish Massey, AOR
Mr. Rabin Majumder, AOR
Mr. Chandra Prakash, AOR
Mr. Somiran Sharma, AOR
Ms. Vandana Sehgal, AOR
Mr. Sureshan P., AOR
Ms. Misha Rohatgi, AOR
Mr. Rakesh Kumar-i, AOR
Mr. Ajit Sharma, AOR
Ms. Anisha Upadhyay, AOR
Ms. Anannya Ghosh, AOR
22
Ms. Veera Kaul Singh, AOR
Mr. Prakash Kumar Singh, AOR
Mr. Mohit D. Ram, AOR
M/s. V. Maheshwari & Co., AOR
Mr. Prem Prakash, AOR
Mr. Balraj Dewan, AOR
Mr. K. Paari Vendhan, AOR
Mr. Tejaswi Kumar Pradhan, AOR
Mr. T. Mahipal, AOR
Atishi Dipankar, AOR
Ms. Praveena Gautam, AOR
Mr. Ashwarya Sinha, AOR
Ms. Jasmine Damkewala, AOR
Mr. Vipin Kumar Jai, AOR
Mr. Kaushal Yadav, AOR
Mr. Raj Singh Rana, AOR
Ms. Indra Sawhney, AOR
Dr. Nafis A. Siddiqui, AOR
Ms. Mona K. Rajvanshi, AOR
Ms. Pallavi Pratap, AOR
Mr. Sudhir Naagar, AOR
Mr. Purvish Jitendra Malkan, AOR
Mr. Vinay Arora, AOR
Mr. Anoop Prakash Awasthi, AOR
Mr. D. S. Chauhan, AOR
23
Ms. Sujata Kurdukar, AOR
Mr. Rajesh Mahale, AOR
Mr. Anil Kumar Mishra-I, AOR
Mr. Varinder Kumar Sharma, AOR
Mr. Sumit Sinha, AOR
Mr. Somanatha Padhan, AOR
Mr. Ravindra Sadanand Chingale, AOR
Mr. M. M. Kashyap, AOR
Mr. Naveen Kumar, AOR
Mr. Abhimanue Shrestha, AOR
Mr. Ashok Kumar Singh, AOR
Mr. Ashwani Bhardwaj, AOR
Ms. Charu Ambwani, AOR
Ms. Charu Mathur, AOR
Mr. Udita Singh, AOR
Mr. Kumar Mihir, AOR
Mr. Rishi Matoliya, AOR
Mr. Aneesh Mittal, AOR
Mr. Kabir Dixit, AOR
Mr. Mishra Saurabh, AOR
Mr. Sanchit Garga, AOR
Mr. O. P. Gaggar, AOR
Ms. Rashmi Singh, AOR
Mr. Gaichangpou Gangmei, AOR
Mr. Neeraj Shekhar, AOR
Ms. Kamakshi S. Mehlwal, AOR
24
Mr. Sanjai Kumar Pathak, AOR
Mr. Gaurav, AOR
Mr. Smarhar Singh, AOR
M/s. Dharmaprabhas Law Associates, AOR
Mr. Fuzail Ahmad Ayyubi, AOR
Mr. Nikilesh Ramachandran, AOR
Mr. Binay Kumar Das, AOR
Ms. Rajkumari Banju, AOR
Mr. M. T. George, AOR
Mr. Siddhartha Jha, AOR
Mr. Praveen Jain, AOR
Mr. Anil K. Chopra, AOR
Mr. S. R. Setia, AOR
Ms. Kirti Renu Mishra, AOR
UPON hearing the counsel the Court made the following
O R D E R
I.A. No.77651 of 2020
This application has been filed on behalf of M/s. Mahagun Real Estate Pvt. Ltd. (“the applicant”, for short) praying inter alia:
“a. The term ‘Sale Deed’ in paragraphs 28 and 29, be modified to ‘Lease Deed’;
b. The applicant be granted an extension of time to make payment of the amount of Rs.240 Crore in the following manner:
i. 10% i.e. Rs.24 Crore by 31.10.2020.
ii. Remaining amount of Rs.216 Crore on or before 30.04.2021;
c. Upon the deposit of Rs.24 Crore by the applicant with the Registry of this Hon’ble Court, on/before 31.10.2020, NOIDA be directed to grant the applicant 25 a conditional permission to mortgage the said Plot, in favour of the proposed Bank/Financial Institution (conditional on the proposed Bank/Financial Institution depositing such remaining amount of Rs.216 Crore with the Registry of this Hon’ble Court.” On 28.07.2020, while dealing with the case pertaining to the applicant, this Court observed as under:
“28. The payment of dues of NOIDA Authority has to be made as per agreement by M/s. Mahagun Real Estate Private Limited to NOIDA, out of sale consideration. The rate of interest on dues to be paid, concerning the plot in question, as per order passed on 10th June 2020 as modified on 10th July 2020. On deposit of dues of NOIDA out of sale consideration, the cancellation of lease shall stand withdrawn and it shall grant time of 7 years to complete the project which is granted to a new lessee. We direct Baseline Infradevelopers Private Limited, as per the MoU, to execute a sale deed. However, as per MoU, out of the total sale consideration, Rs.20 Crores has been paid, and the balance amount is Rs.1917979798/-. The agreement was entered into way back on 09.10.2017. The amount ought to have been paid within a reasonable time, and by now, approximately 02 years 09 months have passed. Therefore, it would be equitable to direct M/s. Mahagun Real Estate Private Limited to make payment of Rs.240 Crores in addition as outstanding amount would have earned the interest at a rate of 9% to 9.25%.
29. To do complete justice, it would be appropriate to quantify the outstanding amount be paid at Rs.240 Crores, in addition to the sum of Rs.20 Crores that has been paid as earnest money. The dues of the NOIDA to be paid first at first priority, and the remaining amount, which is payable to Baseline Infradevelopers Private Limited shall be retained in the account of the Registry of this Court, to be used for the completion of unfinished projects of Amrapali Group. Thus, in the process at least some money would be generated for completion of projects.
30. It was submitted by Shri M. L. Lahoty, learned counsel and Shri Gopal Shankarnarayan, learned senior counsel, that in the brochure which was issued by Amrapali Group, the health club was shown in the project of Phase III, whereas now in the fresh plan, it has been shown in the area of HBC 1 and HBC 2 itself. The builder should be held bound by the brochure, which was published. Shri M.L. Lahoty, learned counsel, has drawn our attention to Sections 12, and 14 of the RERA and Section 5(3) of The 26 Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act. However, on a specific query made to Shri Lahoty, he was unable to show that application for registration was filed along with the map showing the area of the health club in Phase-III of the project. Out of Phase-III of the Project, 20000 sq.m. has already been sold to another person. Remaining 40000 sqm.
was agreed to be sold to M/s. Mahagun Real Estate Private Limited and the lease of plot itself has been canceled, and it appears that an application was filed indicating the location of health club within HBC 1 and HBC 2. In the circumstances, we find that brochure cannot hold the field, particularly when the allotment of the plot itself had been canceled due to non-payment of the lease rent and interest. Considering the stand taken by the NOIDA in its reply, we find that no justification in the prayer based on the brochure, to hold that health club to be located at the place which is not available. When health club will be provided within the project of HBC 1 and HBC 2, it cannot be said that any prejudice is to be caused to the home buyers. They are going to have the same facility which was promised to be provided. Thus, we find no hesitation to reject the aforesaid prayer made on behalf of the home buyers.
Let sale deed be executed on payment of Rs.240 Crores (Rupees Two Hundred and Forty Crores only) out of that firstly the dues of NOIDA are to be cleared. Let the amount of Rs.240 crores (Rupees Two Hundred and Forty Crores only) be deposited by M/s. Mahagun Real Estate Private Ltd. in the Registry of this Court within six weeks from this date. NOIDA shall indicate its dues within 15 days. After the amount as aforesaid is deposited, the Sale Deed be executed by NOIDA and M/s. Baseline Infradevelopers Private Limited in favour of M/s. Mahagun Real Estates Private Ltd. A copy of the Sale Deed be filed in the Registry of this Court, whereafter the Registry shall remit the amount representing dues of NOIDA, and the balance shall be retained and utilized for completion of projects.” It was thus found equitable to direct the applicant to make the payment of Rs.240 Crores instead of the outstanding amount of about Rs.191 crores. The applicant was thus directed to make payment of Rs.240 Crores within six weeks and consequential directions were passed in the concluding paragraph 30 of the Order. 27 Thereafter, the present application has been preferred. On 31.08.2020, this Court recorded the submissions of the applicant as under:
“Mr. Parag P. Tripathi, learned senior counsel appearing in support of the application, submits that though the original prayers in the application contemplate that a sum of Rs. 24 Crores would be deposited by the applicant with the Registry of this Court on or before 31st October, 2020, his clients are willing to deposit Rs. 35 Crores by the aforesaid date and the balance amount shall be deposited by 30th April, 2021. It is further submitted that upon deposit of the initial amount of Rs.35 Crores, the applicant be granted conditional permission to mortgage the said plot in favour of any bank or financial institution.
Let an affidavit to that effect be filed by the applicant in two days’ time, which could be responded to by the NOIDA within two days thereafter. The matter shall be taken up for consideration on 7th September, 2020.” An affidavit in opposition has since then been filed on behalf of the NOIDA submitting inter alia:
a. The original lease of plot of 40000 sq. mtr. was cancelled and if the property is re-auctioned, going by the present reserve price, its price would be in the region of Rs.340 Crores;
b. The original lease was for a period of 90 years and, as such, even if any benefit is conferred upon the applicant, it could only be for the remainder period of the lease and also subject to their making payment of transfer charges as applicable for transfer of lease;
c. NOIDA would not be agreeable to creation of any interest or charge in favour of any bank or financial institution till all the dues of NOIDA are paid by the applicant and therefore the arrangement contemplated in the application and the submission as recorded in the order dated 31.08.2020 cannot be accepted.28
It is submitted that even if any extension is granted to the applicant, the entire dues of NOIDA must first be paid and the balance amount can thereafter be utilized for the benefit of the home-buyers.
Mr. Gopal Sankaranarayanan, learned Senior Advocate and Mr. M.L. Lahoty, learned Advocate appearing for the home-buyers submit that the money deposited by the home-buyers was utilized to secure the lease of the property in question and as such the paramount consideration before any arrangement is accepted must be the benefit of the home-buyers. If the property can fetch Rs.340 Crores in a fresh auction, that course must be accepted and adopted, rather than allowing the applicant to step into the shoes of the original lessee.
It is further submitted that since there were immediate prospects of Rs.240 Crores getting deposited, no objection was raised earlier. However, if any extension is now prayed for, the other modality of fresh auction be considered to secure maximum advantage for the home-buyers.
Mr. R. Venkataramani, learned Receiver submits that he would not be against the grant of instalments provided appropriate interest is levied on the balance sum and the money is directed to come into the Registry of this Court. He further submits that the deposited sum be allowed to be utilized for the facility of the home-buyers and only thereafter the dues of NOIDA be cleared.
Mr. Parag P. Tripathi, learned Senior Advocate appearing in support of the application submits that it would not be appropriate 29 to go behind the order dated 28.07.2020 and consider other modalities including fresh auction. He further submits that in the present times, pursuant to lockdown on account of COVID-19 Pandemic, it is extremely difficult to collect the amount of Rs.240 Crores to be paid up-front and the suggested course in the application would, therefore, sub-serve the interest of justice. He accepts that till the amount of Rs.240 Crores is not paid by the applicant, no interest or any charge can be created in favour of any bank or financial institution and that first charge of NOIDA over the property in question will continue to remain till the amount of Rs.240 Crores is cleared along with interest at the rate considered appropriate by this Court.
We have considered rival submissions.
In our view, since the applicant was permitted to deposit Rs.240 Crores within six weeks and to have consequential benefits in terms of order dated 28.07.2020, it is not possible to go behind that order. We, therefore, reject the submissions advanced by the learned counsel for the home buyers and NOIDA. At the same time, we must also secure the best possible advantages for the home- buyers.
The grant of instalments to the applicant would be acceptable if:
I) a. Rs.35 Crores are deposited by the applicant in the Registry of this Court by 31.10.2020; and b. Further sum of Rs.65 Crores is deposited in the Registry of this Court by the applicant by 31.12.2020; and 30 c. The rest of the amount i.e. Rs. 140 Crores along with interest @ 9.25% p.a. is deposited in the Registry of this Court by 31.03.2021.
II) In case the first instalment of Rs.35 Crores is not deposited by 31.10.2020, the benefit conferred upon the applicant by virtue of order dated 28.07.2020 shall stand withdrawn and the property will be available to NOIDA for further process including fresh auction.
III) If after having paid Rs.35 Crores towards the first instalment, next two instalments are not paid within the time stipulated, from and out of the amount of first instalment, Rs.10 Crores will stand forfeited and the remaining sum of Rs.25 Crores will be returned to the applicant. In such an eventuality, the benefit, conferred by the order dated 28.07.2020 shall stand withdrawn.
IV) It is only and only when the entire amount of Rs.240 Crores along with interest @ 9.25% p.a. with transfer charges as indicated by NOIDA are cleared by the applicant that it will be entitled to create any interest or charge in favour of any bank or financial institution.
V) The applicant will be entitled to the remainder of the period under the original lease.
VI) An affidavit accepting the aforesaid conditions shall be filed by the applicant along with a copy of the Board’s Resolution to that effect within ten days from today in the Registry of this Court.
As indicated in the concluding part of paragraph 30 of the order dated 28.07.2020, NOIDA shall indicate its dues within fifteen days from the date of this order.
We must state that the first prayer in the application is accepted and the expression “Sale Deed” in paragraphs 28 and 29 of the order be read as “Lease Deed”.
Call this matter in the first week of November 2020. 31 I.A. No.77918 of 2020 Pursuant to the directions issued on 25.08.2020, Mr. Vikramjit Banerjee, learned ASG assisted by Mrs. Anil Katiyar, AOR has appeared in this matter. He prays for and is granted seven days’ time to put in an affidavit in reply or to file status report in a sealed cover for the perusal of this Court. Mr. M.L. Lahoty, learned Advocate also prays for and is granted seven days’ time to respond to the application. List the application for disposal on 21.09.2020. I.A. No.50211 of 2020 This application has been preferred on behalf of M/s. Dewan Housing Corporation Ltd., presently under insolvency. Mr. Ramji Srinivasan, learned Senior Advocate appearing for the Administrator submits that DHCL has extended finance to the tune of Rs.172 Crores to 661 buyers of apartments under various Schemes of Amrapali and as indicated in the order dated 10.07.2020 passed by this Court, about 311 buyers have shown willingness to disburse their instalments. He however submits that 72 buyers have been irregular in making their payments and that appropriate steps are required to be initiated to secure the unpaid instalments from said 72 buyers.
Since the scope of the present matter is confined to see that various properties purchased from and out of the monies of home- buyers are recovered to secure the interest of the home-buyers and to see that the unfinished projects are completed at the earliest, 32 the controversy as projected in this application is outside the scope of the present matters.
Needless to say that the applicant has liberty to take such proceedings as are open to it in law.
With the aforesaid observations, this application stands disposed of.
I.A. No.84512 of 2020 Let this application be called on 21.09.2020. Learned Receiver may respond to the application on the next date.
I.A. No.74385 of 2020 Let this application be called on 21.09.2020. In the meantime, learned Receiver and Mr. M.L. Lahoty are requested to file their responses before the next date of hearing. I.A. Nos.73797, 87126 and 87129 of 2020 List these applications on 21.09.2020.
In the meantime, Mr. Ravindra Kumar, learned counsel for NOIDA is at liberty to file response.
Contempt Petitions (Civil) Nos.525/2020, 526/2020 and 527/2020 Heard.
In our view, no contempt is made out as no specific directions were issued in the case of the contempt petitioners. The contempt petitions are, therefore, closed giving liberty to file appropriate proceedings available in law. 33 I.A. No.78116 of 2020 Heard.
This application has been filed by an individual home-buyer seeking benefit under the orders passed by this Court from time to time under which the interest rate chargeable by NOIDA and Greater NOIDA from various builders/developers was scaled down. It is submitted that said benefit was meant for the individual flat owner/home buyer.
In the present case, the apartment was booked in ‘Primrose Ryne’ developed by one Primrose Infratech Pvt. Ltd., Greater Noida, which company is presently under insolvency. Whatever rights a home-buyer derive under the orders passed by this Court cannot be enforced through interim application filed in the present matters. We, therefore, refuse to pass any order in this application. The application is rejected, leaving all grievances of the applicant completely open to be agitated in a manner known to law. I.A. No.15119 of 2020 Heard Mr. Pramod Dayal, learned counsel in support of the application.
In terms of the judgment passed by this Court in the W.P. (Civil) No.940 of 2017 and connected matters on 23.07.2019, the Institute of Chartered Accountants of India was directed to initiate disciplinary proceedings against Mr. Anil Mittal, Chartered Accountant. It was also directed that the disciplinary proceedings be completed within six months. The time has thus 34 expired sometime in January 2020. However, the proceedings are yet to be initiated.
Mr. Dayal submits that since Mr. Mittal is presently in custody, no proceedings could be initiated. Let the Schedule for disciplinary proceedings be indicated by way of an affidavit within seven days’ time so that appropriate directions can be issued to ensure the presence and participation of Mr. Mittal in the disciplinary proceedings. List the matter on 21.09.2020.
I.A. No.121625 of 2019 Mr. Siddharth Dave, learned Senior Advocate for NBCC submits that by this date about 230 apartments have been completed in all respects which can be occupied by the home-buyers and that the list in that behalf has already been given to the learned Receiver. We request the learned Receiver to inform us whether the concerned Home-Buyers have deposited all the payments due from them and if there be any shortfall, the extent of the shortfall. A statement be furnished before the next date of hearing. Mr. Siddharth Dave, learned Senior Advocate also submits that the NBCC has engaged the services of about 12000 workers at various sites; that it is in a position to go ahead for the current month but immediate finances would be required from next month onwards. Let a chart be filed indicating the requirements of the NBCC month-wise for next six months to which response could be given by the learned Receiver.
35I.A. No.69987 of 2019 List this application on 05.10.2020.
Learned Receiver may respond to the application. I.A. Nos.58642 & 58648 of 2019 No orders.
I.A. No.80375 & 80377 of 2020 No orders.
I.A. No.80507 of 2020 No orders.
I.A. No.50370 of 2020 No Orders.
WRIT PETITION (CIVIL) NO.940 OF 2017 In his Note dated 30.08.2020, learned Receiver submitted inter alia as under:
“1. MSTC has given a status report in regard to the progress of sale of property. It has completed valuation of substantial sets of properties. Properties in new Raipur, Indore, Muzaffarpur, have to be valued again.
2. For a number of reasons including market condition, sale of properties such as, precast factory in Greater Noida, the Hospital in Greater Noida, and the Mall Complex in Muzaffarpur could not be effected.
3. In view of the above, it is said that the Receiver and the Committee may be given the liberty to approach the respective State governments, the respective local authorities including development authorities, such as Indore Development Authority, towards facilitating the tasks of valuation, and sale or any other mode of transfer of the property.” 36 It is submitted that the properties in New Raipur, Indore and Muzaffarpur may require fresh valuation as for various reasons including market condition, the properties could not be sold.
Mr. Gudipati G. Kashyap, learned Advocate for MSTC prays for and is granted liberty to file an affidavit indicating:
i. The valuation for the properties situated at New Raipur, Indore, Mhow, Muzaffarpur, Ratlam, precast factory in Greater Noida, and the hospital in Greater Noida;
ii. The details of the attempts made by MSTC to auction those properties on the earlier occasions including the price indicated in said auctions and the reserve price fixed; and iii. What fresh steps are being contemplated by the MSTC to re-auction the property.
Let the affidavit be filed before the next date of hearing, which may be responded to by the learned Receiver.
Learned Receiver has also invited our attention to the Note submitted today which inter alia shows that some of the home-buyers are not discharging their payment obligations in time.
The Receiver may indicate before the next date of hearing as to what remedial steps can be undertaken to ensure that all the home-buyers pay their instalments in time.
List the matter on 21.09.2020.37
Reg.: Release of Payment We had directed release of a sum of Rs.10 lakhs to the learned Receiver, which order is pending compliance.
We direct the Registry to release said sum to Mr. R. Venkataramani, learned Receiver from Account No.02070210002834, UCO Bank, Supreme Court Branch.
(INDU MARWAH) (MUKESH NASA) (PRADEEP KUMAR) COURT MASTER COURT MASTER BRANCH OFFICER