Supreme Court - Daily Orders
Subrata Bhattacharya vs Securities And Exchange Board Of India on 24 October, 2024
Bench: Bela M. Trivedi, Pankaj Mithal
ITEM NO.301 COURT NO.13 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).13301/2015
SUBRATA BHATTACHARYA Appellant(s)
VERSUS
SECURITIES AND EXCHANGE BOARD OF INDIA & ORS. Respondent(s)
(IA No. 39008/2023 - APPROPRIATE ORDERS/DIRECTIONS, IA No.
211011/2024 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 88468/2024 –
CLARIFICATION/DIRECTION, IA No. 38923/2024 – CLARIFICATION/
DIRECTION, IA No. 81185/2023 – CLARIFICATION/DIRECTION, IA No.
81184/2023 - EXEMPTION FROM FILING O.T., IA No. 201998/2023 -
EXEMPTION FROM FILING O.T., IA No. 199909/2022 - EXEMPTION FROM
FILING O.T., IA No. 81186/2023 - EXEMPTION FROM FILING O.T., IA No.
38873/2024 - INTERVENTION APPLICATION, IA No. 81183/2023 –
INTERVENTION/IMPLEADMENT, IA No. 53604/2023 – INTERVENTION/
IMPLEADMENT, IA No. 211360/2024 – INTERVENTION/IMPLEADMENT, IA No.
39005/2023 – INTERVENTION/IMPLEADMENT, IA No. 25114/2023 –
INTERVENTION/IMPLEADMENT, IA No. 201993/2023 – INTERVENTION/
IMPLEADMENT, IA No. 99808/2024 – INTERVENTION/IMPLEADMENT, IA No.
99798/2024 – INTERVENTION/IMPLEADMENT, IA No. 199907/2022 –
INTERVENTION/IMPLEADMENT, IA No. 204879/2023 - MODIFICATION OF
COURT ORDER AND IA No. 93515/2024 - STAY APPLICATION)
WITH
W.P.(C) No. 640/2016 (X)
(IA No. 108618/2021 – CLARIFICATION/DIRECTION, IA No. 110474/2019 –
CLARIFICATION/DIRECTION, IA No. 102672/2017 – CLARIFICATION/
DIRECTION AND IA No. 107462/2017 - PERMISSION TO FILE APPLICATION
FOR DIRECTION)
T.C.(Crl.) No. 2/2016 (II-C)
(IA No. 223675/2024 - EXEMPTION FROM FILING O.T. AND IA No.
223674/2024 - GRANT OF BAIL)
Date : 24-10-2024 These matters were called on for hearing today.
CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI
Signature Not Verified
HON'BLE MR. JUSTICE PANKAJ MITHAL
Digitally signed by
RAVI ARORA
Date: 2024.10.25
For Appellant(s)
17:21:27 IST
Reason: Mr. Ayush Sharma, AOR
Mr. Siddharth Aggarwal, Sr. Adv.
Mr. Wajeeh Shafiq, AOR
1
Mrs. V. Mohana, Sr. Adv.
Mr. Rajiv Kumar Sinha, AOR
For Respondent(s) Ms. Aishwarya Bhati, A.S.G.
Ms. Swarupma Chaturvedi, Sr. Adv.
Mr. Raj Bahadur Yadav, AOR
Mr. Ritesh Agrawal, AOR
Mrs. Rachana Joshi Issar, AOR
Mr. Somiran Sharma, AOR
Mr. Aditya Singh, AOR
Mr. Gagan Gupta, AOR
Mr. Aviral Kashyap, AOR
Mr. Vinod Sharma, AOR
Ms. Kamakshi S. Mehlwal, AOR
Ms. Deepa Joseph, Adv.
Mr. Pratap Venugopal, Sr. Adv.
M/S. K J John And Co, AOR
Mr. Tushar Mehta, Solicitor General [Not Present]
Ms. Aishwarya Bhati, A.S.G.
Mr. Gurmeet Singh Makker, AOR
Ms. Hetu Arora Sethi, AOR
Mrs. Aishwarya Bhati, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Ms. Shalu Sharma, AOR
Ms. Farhat Jahan Rehmani, AOR
Mr. Yakesh Anand, Adv.
Ms. S. Ramamani, AOR
Mr. Anil Nag, AOR
Mr. Anjani Kumar Mishra, AOR
Mrs. Hardeep Kaur Mishra, Adv.
Mr. Yadav Narender Singh, AOR
M/S. Vachher And Agrud, AOR
Mr. Surya Kant, AOR
Mr. Shakti Kanta Pattanaik, AOR
Mr. Subhro Sanyal, AOR
Mr. R. Ayyam Perumal, AOR
Mr. A. Renganath, Adv.
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Mr. M.P. Srivignesh, Adv.
Mr. Manu Srinath, AOR
Mr. Ankit Yadav, AOR
Ms. Shaoni Das, Adv.
Ms. Jasmine Damkewala, AOR
Mr. Amit Gupta, Adv.
Mr. Rajesh Tyagi, Adv.
Mr. Atishi Dipankar, AOR
Mr. Arunava Mukherjee, AOR
Mr. Gaurav Goel, AOR
Ms. Anisha Upadhyay, AOR
Mr. Vinay Navare, Sr. Adv.
Mr. Ishaan George, AOR
Mr. T. R. B. Sivakumar, AOR
Mr. Deva Vrat Anand, Adv.
Mr. C. K. Sasi, AOR
Ms. Meena K Poulose, Adv.
Mr. Sujit Kumar Mishra, AOR
Mr. Somanatha Padhan, AOR
Mr. Rajeev Kumar Bansal, AOR
Mr. Avijit Mani Tripathi, AOR
Ms. Preeti Sehrawat, Adv.
Ms. Madhusmita Bora, AOR
Mr. Pawan Kishore Singh, Adv.
Mr. Raj Kishor Choudhary, AOR
Ms. Varuna Bhanrale, Adv.
Mr. Syed Jafar Alam, AOR
Mr. Kunal Verma, AOR
Mr. C.R.Jaya Sukin, Adv.
Mr. Narender Kumar Verma, AOR
Ms. Vidushi Garg , AOR
Mr. Parveen Kumar, AOR
Ms. Garima Jain, AOR
Mr. Shivendra Singh, AOR
Ms. Rooh-e-hina Dua, AOR
Mr. Abhinav Agrawal, AOR
Mr. A.S. Raj Narayan, Adv.
Mr. A. Lakshminarayanan, AOR
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Mr. Ishan Kapoor, Adv.
Mrs. Gargi Khanna, AOR
Mr. Arvind Kumar Sharma, AOR
Ms. Asmita Singh, AOR
Mr. Gautam Narayan, Adv.
Mr. Parijat Kishore, AOR
Mr. Beno Bencigar, Adv.
Mr. Joel, AOR
Mr. Piyush Dwivedi, AOR
Mr. Gp. Capt. Karan Singh Bhati, AOR
Mr. Ankit Goel, AOR
Mr. Abhay Pratap Singh, AOR
Mr. Ajay Pal, AOR
Mr. D. Mahesh Babu, AOR
Mr. Aditya Ranjan, AOR
Mr. V. Mohana, Sr. Adv.
M/S. V. Maheshwari & Co., AOR
Mrs. Shubhangi Tuli, AOR
Mr. Tushar Bakshi, AOR
Mr. Shashibhushan P. Adgaonkar, AOR
Mr. Pai Amit, AOR
Mr. Ravi Kumar Tomar, AOR
Mr. Jose Abraham, AOR
Mr. M.P. Srivignesh, Adv.
Ms. Pragati Neekhra, AOR
Mr. Balaji Srinivasan, AOR
Mrs. Aishwarya Bhati, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Shree Pal Singh, AOR
Mr. K.Sita Rama Rao, Adv.
Ms. Amrita Kumari, AOR
Mr. P. S. Sudheer, AOR
Mr. Arjun Garg, AOR
Mr. C.R.JAYA Sukin, Adv.
Mr. Narender Kumar Verma, AOR
Mr. Rishi Matoliya, AOR
Mr. Nikhil Kumar Singh, Adv.
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Ms. Pallavi Pratap, AOR
Mr. B Ragunath, Adv.
Mr. Vijay Kumar, AOR
Ms. Ameyavikrama Thanvi , AOR
Mr. Avadh Bihari Kaushik, AOR
Mr. Bhavik Lalan, Adv.
Mr. Surjendu Sankar Das, AOR
Mr. Ronak Karanpuria, AOR
Mr. D. K. Devesh, AOR
Mr. Jayant Mohan, AOR
Mr. Vivek Jain, AOR
Mr. Mayilsamy, Adv.
Mr. P. Soma Sundaram, AOR
Mr. C. Solomon, AOR
M/S. Vimalpani & Co., AOR
Mr. S. C. V. Vimalpani, Adv.
Ms. Christi Jain, AOR
Mr. Vikas Singh Jangra, AOR
Mr. Swetank Shantanu, AOR
Mr. Pratap Shanker, Adv.
Mr. P. V. Dinesh, Sr. Adv.
Ms. Anne Mathew, AOR
Mr. S. Gowthaman, AOR
Mr. Anshuman Srivastava, AOR
Ms. Tatini Basu, AOR
Mr. Kumar Shashank, Adv.
Mr. Ashish Yadav, AOR
Mr. Shubham Bhalla, AOR
Mr. Prakash Kumar Singh, AOR
Ms. Garima Bajaj, AOR
Mr. Ajay Kumar Singh, AOR
Mr. Dr. Rajeev Sharma, AOR
Mr. Prashant Sharma, Adv.
Mr. Abhishek Saket, Adv.
Mr. Kumar Mihir, AOR
Mr. T. Mahipal, AOR
Mr. Rishabh Singhle, Adv.
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Mr. Sujoy Chatterjee, AOR
Ms. Tina Garg, AOR
Samir Malik, AOR
Mr. Shubhranshu Padhi, AOR
Ms. Anuradha Mutatkar, AOR
Mr. Ashok Mathur, AOR
Mr. Nitin Mishra, AOR
Ms. Mitali Gupta, Adv.
M/S. Ksn & Co., AOR
Mr. V Balachandran, Adv.
Mr. Tungesh, AOR
Mr. Kaushik Poddar, AOR
Krishnamohan K., AOR
Ms. Dania Nayyar, Adv.
Mr. Srisatya Mohanty, AOR
Mr. Abhijit Pattanaik, Adv.
M/S. Dharmaprabhas Law Associates, AOR
Mr. Guntur Pramod Kumar, AOR
Mr. Dhruv Yadav, Adv.
Ms. Pratibha Jain, AOR
Ms. Manju Jetley, AOR
Mr. S D Dwarakanath, Adv.
Mr. Upendra Pratap Singh, AOR
Mr. Rameshwar Prasad Goyal, AOR
Mr. Harikesh Singh, Adv.
Mr. Satish Kumar, AOR
Mr. M. A. Chinnasamy, AOR
Mrs. C Rubavathi, Adv.
Mr. Yatin M. Jagtap, Adv.
Mr. Sunil Kumar Sharma, AOR
Ms. Nupur Kumar, AOR
Mr. Jaya Sukin, Adv.
Mr. Shashank Singh, AOR
Mr. Karan Mamgain, Adv.
Mr. Anil Kumar, AOR
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Mr. Abhishek Singh, AOR
Mr. Dhananjay Baijal, AOR
Mr. Merusagar Samantaray, AOR
Mr. Abhinav S. Raghuvanshi, AOR
Mr. Y. Arunagiri, Adv.
Mr. Raghunatha Sethupathy B, AOR
Ms. Surajita Pattanaik, Adv.
Mr. Satish Pandey, AOR
Mr. Rakesh K. Sharma, AOR
Mr. S. Nagamuthu, Sr. Adv.
Mr. M.P. Parthiban, AOR
Mr. Gagan Gupta, Sr. Adv.
Mr. Aayushmaan Vatsyayana, AOR
Mr. Mohit Paul, AOR
Mr. P. N. Puri, AOR
Ms. Mohini Priya, AOR
Ms. Manisha Ambwani, AOR
Mr. Kush Chaturvedi, AOR
Ms. Prerna Priyadarshini, Adv.
Mr. T. Sundar Ramanathan, AOR
Mr. Sunny Choudhary, AOR
Mr. Ashish Yadav, AOR
Ms. Shisba Chawla, AOR
Mr. Jaya Sukin, Adv.
Mr. Puneet Singh Bindra, AOR
Mr. Ritesh Agrawal, AOR
Mr. Gopal Jha, AOR
Mr. Kedar Nath Tripathy, AOR
Mr. Neeraj Shekhar, AOR
Ms. Ranjeeta Rohatgi, AOR
Mrs. Geetha Kovilan, AOR
Mr. M. Yogesh Kanna, AOR
Ms. Monica Saini, Adv.
Mr. Sujit Kumar Mishra, AOR
Mr. Gunjan Kumar, AOR
Ms. Sumitra Chaudhary, Adv.
Ms. Anuradha Arputham, AOR
Mr. Ankit Sharma, Adv.
Ms. Priya Aristotle, AOR
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Mr. Mohit D. Ram, AOR
Mr. Soayib Qureshi, AOR
Ms. Usha Nandini V., AOR
Mr. S. Hariharan, Adv.
Ms. Jaikriti S. Jadeja, AOR
Mr. Debojit Borkakati, AOR
Mr. Anshuman Srivastava, AOR
Mrs. V. Mohana, Sr. Adv.
Mr. Rajiv Kumar Sinha, AOR
UPON hearing the counsel the Court made the following
O R D E R
I.A. Nos.199907 & 199909/2022
1. Mr. A.S. Raj Narayan, learned counsel appearing for the applicant seeks permission to withdraw the present applications, with liberty to file objections before the Justice (Retd.) R.M. Lodha Committee.
2. Permission is granted as prayed for.
3. I.A.s are accordingly dismissed as withdrawn. I.A. No.25114/2023
1. None is present for the applicant.
2. List on 12.12.2024.
I.A. Nos.39008 & 39005/2023
1. The learned senior counsel, Mr. Vinay Navare appearing for the applicant seeks permission to withdraw the present applications for impleadment and directions, with a view to approach the appropriate forum.
2. Permission as prayed for is granted.
3. I.A.s are accordingly dismissed as withdrawn. 8 I.A. No.50741/2023
1. As the I.A. has already been dismissed as not pressed vide order passed by this Court on 05.03.2024.
2. No further order is required to be passed. I.A. No.53604/2023
1. None is present for the applicant, when the matter is called out.
2. The application is dismissed.
I.A. Nos.204879, 201993 & 201998/2023
1. The present application (I.A. No.204879 of 2023) has been filed by the applicant seeking following prayers:-
“(a) Modify the order dated 02.05.2016 passed by this Hon’ble Court in Civil Appeal No.13301/2015 whereby any other civil authority or forum were restrained from entertaining any suit, proceeding or claim pertaining to PACL or its directors, promoters, group entities, group companies, individuals, etc., to the extent that the applicant may be permitted to institute the suit for partition before the court of competent jurisdiction/ or authority or authority or any other suit in terms of order dated 30.06.2023 in MR No.4263- 14 in File No.1063 passed by Shri R.S. Virk, District Judge (Retd.); and/
(b) pass such other and/or further Order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”
2. It may be noted that this Court vide the order dated 02.05.2016 had granted interim relief in terms of para (a) in I.A. No.5/2016 in Civil Appeal No.13301 of 2015. The said prayer (a) made in the said application reads as under:-
“(a) pass an order directing that no Civil Court or other Authority or Forum shall entertain any suit or other proceeding in respect of any claim or related matter(s) pertaining to PACL Ltd.9
And/or its Directors/Promoters/Group Companies/ entities/ individuals etc., arraying therein as parties/Defendants/Respondents the Justice (Retd.) R.M. Lodha Committee (in the matter of PACL Ltd.), and/or its Chairman and/or its Members and/or the Securities and Exchange Board of India and further no injunction shall be granted by any Court or other Authority or Forum in respect of any action taken or to be taken by the Justice (Retd.) R.M. Lodha Committee (in the matter of PACL Ltd.) and/or its Chairman and/or its Members and/or the Securities and Exchange Board of India, with respect to claims and/or matter(s) relating to investments/deposits etc. in/with PACL Ltd. or its Directors/Promoters/Group Companies/Entities/Individuals etc.;”
3. It is submitted by the learned counsel, Mr. Mohd. Parvez Dabas for the applicant that Shri R.S. Virk, District Judge (Retired) had directed the applicant to get the land in question partitioned as per the respective shares of their vendors vide the order dated 30.06.2023, and, therefore, this application has been filed seeking permission to file the suit as prayed for in the aforesaid prayer.
4. The learned senior counsel, Mr. Pratap Venugopal appearing for the SEBI has no objection if the prayer as sought for is granted.
5. In view of the above, the applicant is permitted to file the suit for partition before the Court of competent jurisdiction as may be permitted under the law. It is clarified that any suit, if filed by the applicant, shall be decided in accordance with law, without being influenced by the order dated 30.06.2023 passed by Shri R.S. Virk, District Judge (Retired), except to the extent of the observations made in para 12 of the said order dated 30.06.2023, which reads as under:-
“12. In view of the said report, PACL cannot be heard to contend that it had purchased any specific area through the sale deed no. 617/09 dated 04/02/2009 relied upon by 10 it. Similarly, the objector herein is not shown to have purchased any specific portion out of the total joint holding of Samoon above named and his other family members. Therefore, the objector herein as well as PACL would be well advised to get the land in question partitioned as per the respective shares of their vendors till which stage the share of PACL to the extent of 0.0920 hectares would remain attached. The petition in hand is accordingly dismissed.”
6. In view of the above, the application (I.A. No.204879 of 2023) stands disposed of.
7. The application for impleadment (I.A. No.201993 of 2023) does not survive and stands disposed of.
8. The application seeking exemption from filing official translation (I.A. No.201998 of 2023) also stands disposed of.I.A. No.88468/2024
1. The learned counsel, Mr. Mithun Kumar N. appearing for the applicant seeks permission to withdraw the present application.
2. Permission as prayed for is granted.
3. I.A. is accordingly dismissed as withdrawn.
I.A. Nos.38923 & 38873/2024
1. The application (I.A. No.38923 of 2024) is filed seeking following prayers:-
“(a) Clarify and issue appropriate direction whether the Hon’ble High Court of Delhi at New Delhi can proceed with the consideration of the said appeal (SERTA 5 of 2019) pending in the High Court in the light of the omnibus injunction which stands embodied in the order of the Hon’ble Supreme Court dated 02.05.2016 (Subrata Bhattacharya Vs. Securities and Exchange Board of India);
(b) Pass any other order which this Hon’ble Court shall deem fit and appropriate in the facts and circumstances of this case and in the interest of justice, in favour of the applicant.” 11
2. The learned senior counsel, Mr. Pratap Venugopal appearing for the SEBI has no objection if the said prayer is granted.
3. In view of the above, it appears that the order dated 02.05.2016 passed by this Court in the case of Subrata Bhattacharya Vs. Securities and Exchange Board of India – Civil Appeal No.13301 of 2015 does not pertain to the SERTA proceedings being No.05 of 2019 pending before the High Court.
4. Hence, the I.A. (I.A. No.38923 of 2024) is allowed.
5. The I.A. for impleadment (I.A. No.38873 of 2024) stands disposed of as the same does not survive. I.A. Nos.99798 & 99808/2024
1. The learned counsel, Mr. C.R. Jaya Sukin appearing for the applicant seeks permission to withdraw the present applications.
2. Permission as prayed for is granted.
3. I.As. are accordingly dismissed as withdrawn. I.A. Nos.211011 & 211360/2024
1. The I.As. be listed on 12.12.2024.
I.A. No.93515/2024
1. The learned counsel, Mr. Rajesh Tyagi appearing for the applicant seeks permission to withdraw the present application at this stage.
2. Permission as prayed for is granted.
3. I.A. is accordingly dismissed as withdrawn at this stage. 12 I.A. Nos.81185, 81183, 81184 & 81186/2023
1. The learned counsel appearing for the applicant seeks permission to withdraw the present application (I.A. No.81185/2023), with a view to approach the Justice (Retd.) R.M. Lodha Committee for clarification.
2. Permission as prayed for is granted.
3. I.A. is accordingly dismissed as withdrawn.
4. The other applications stand disposed of in view of the above order passed.
Civil Appeal No.13301 of 2015
1. The interim Status Report of Justice (Retd.) R.M. Lodha Committee (in the matter of PACL Ltd.) dated 22.10.2024 is taken on record filed pursuant to the order dated 08.08.2024 passed by this Court.
W.P.(C) No. 640 of 2016
1. We are not inclined to entertain this Writ Petition filed under Article 32 of the Constitution of India.
2. It is needless to say that it will be open for the petitioner(s) to file appropriate proceedings before the appropriate forum as may be permissible under the law.
3. The Writ Petition is dismissed accordingly.
4. Pending applications are not entertained in view of the order passed in the Writ Petition. However, it will be open for the applicants to file appropriate I.As. in the Civil Appeal No.13301 of 2015 pending before this Court and if filed the same shall be considered in accordance with law.
13 I.A. No.223674 of 2024 in T.C. (Crl.) No.2/2016
1. Let the copy of the application be served to the learned A.S.G., Ms. Aishwarya Bhati for the C.B.I., who is appearing through virtual mode, and seeks time to file response on the receipt of the application.
2. List on 14.11.2024.
Further Order
1. List the I.As. falling under the Category I, XIII and XIV filed in Civil Appeal No.13301 of 2015 as per the updated list dated 22.10.2024, on 12.12.2024 at 02:00 p.m. before the same combination of Bench.
(RAVI ARORA) (MAMTA RAWAT)
COURT MASTER (SH) COURT MASTER (NSH)
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