Supreme Court - Daily Orders
Bikram Chatterji vs Union Of India on 16 November, 2020
Bench: Uday Umesh Lalit, Ashok Bhushan
1
ITEM NO.301 Court 3 (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. 108703/2020 - APPLICATION FOR PERMISSION
IA No. 108681/2020 - APPLICATION FOR PERMISSION
IA No. 67992/2020 - APPLICATION FOR PERMISSION
IA No. 110402/2020 - APPLICATION FOR TAKING ON RECORD
IA No. 110027/2020 - APPLICATION FOR TAKING ON RECORD
IA No. 50370/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 94047/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 109907/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 90985/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 99886/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 109401/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 112929/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 1023/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 109599/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 111395/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 74385/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 100367/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 109440/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 180011/2019 - CLARIFICATION/DIRECTION
IA No. 114496/2019 - CLARIFICATION/DIRECTION
IA No. 89379/2020 - CLARIFICATION/DIRECTION
IA No. 96598/2020 - CLARIFICATION/DIRECTION
IA No. 95831/2020 - CLARIFICATION/DIRECTION
IA No. 109576/2020 - CLARIFICATION/DIRECTION
IA No. 95273/2018 - CLARIFICATION/DIRECTION
IA No. 189314/2019 - COMPLIANCE OF COURTS ORDER
IA No. 94049/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 89380/2020 - EXEMPTION FROM FILING O.T.
IA No. 15119/2020 - EXTENSION OF TIME
IA No. 100361/2020 - INTERVENTION APPLICATION
IA No. 109438/2020 - INTERVENTION APPLICATION
IA No. 109903/2020 - INTERVENTION APPLICATION
Signature Not Verified
IA No. 109397/2020 - INTERVENTION APPLICATION
Digitally signed by Dr.
Mukesh Nasa
Date: 2020.11.19
IA No. 109882/2020 - INTERVENTION APPLICATION
18:53:35 IST
Reason:
IA No. 114490/2019 - INTERVENTION APPLICATION
IA No. 111393/2020 - INTERVENTION APPLICATION
IA No. 8259/2019 - INTERVENTION APPLICATION
IA No. 111314/2020 - INTERVENTION APPLICATION
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IA No. 95828/2020 - INTERVENTION APPLICATION
IA No. 3573/2020 - INTERVENTION/IMPLEADMENT
IA No. 99884/2020 - INTERVENTION/IMPLEADMENT
IA No. 109596/2020 - INTERVENTION/IMPLEADMENT
IA No. 109573/2020 - INTERVENTION/IMPLEADMENT
IA No. 182673/2019 - MODIFICATION
IA No. 182079/2019 - MODIFICATION
IA No. 182077/2019 - MODIFICATION
IA No. 99854/2020 - MODIFICATION OF COURT ORDER
IA No. 77651/2020 - MODIFICATION OF COURT ORDER
IA No. 60700/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 127793/2019 - RECALLING THE COURTS ORDER
IA No. 127787/2019 - RECALLING THE COURTS ORDER
IA No. 108696/2020 - RECALLING THE COURTS ORDER
IA No. 108670/2020 - RECALLING THE COURTS ORDER)
WITH
W.P.(C) No. 947/2017 (X)
W.P.(C) No. 971/2017 (X)
W.P.(C) No. 942/2017 (PIL-W)
SLP(C) No. 1879/2018 (XVII)
W.P.(C) No. 1041/2017 (X)
(IA No. 109920/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 111420/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 109910/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 111410/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 109891/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 109954/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 109946/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 111425/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 109943/2020 - INTERVENTION APPLICATION
IA No. 111424/2020 - INTERVENTION APPLICATION
IA No. 109918/2020 - INTERVENTION APPLICATION
IA No. 111419/2020 - INTERVENTION APPLICATION
IA No. 109904/2020 - INTERVENTION APPLICATION
IA No. 111409/2020 - INTERVENTION APPLICATION
IA No. 109888/2020 - INTERVENTION APPLICATION
IA No. 109953/2020 - INTERVENTION APPLICATION)
W.P.(C) No. 1018/2017 (X)
W.P.(C) No. 1116/2017 (X)
W.P.(C) No. 1144/2017 (X)
W.P.(C) No. 1156/2017 (X)
3
W.P.(C) No. 1206/2017 (X)
W.P.(C) No. 8/2018 (X)
W.P.(C) No. 1242/2017 (X)
W.P.(C) No. 58/2018 (X)
W.P.(C) No. 21/2018 (X)
W.P.(C) No. 52/2018 (X)
W.P.(C) No. 91/2018 (X)
W.P.(C) No. 56/2018 (X)
W.P.(C) No. 57/2018 (X)
W.P.(C) No. 74/2018 (X)
W.P.(C) No. 134/2018 (X)
W.P.(C) No. 131/2018 (X)
W.P.(C) No. 160/2018 (X)
(IA No. 87533/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 87532/2020 - MODIFICATION OF COURT ORDER)
W.P.(C) No. 164/2018 (X)
W.P.(C) No. 182/2018 (X)
W.P.(C) No. 199/2018 (X)
W.P.(C) No. 226/2018 (X)
W.P.(C) No. 245/2018 (X)
W.P.(C) No. 281/2018 (X)
W.P.(C) No. 306/2018 (X)
W.P.(C) No. 298/2018 (X)
W.P.(C) No. 246/2018 (X)
W.P.(C) No. 267/2018 (X)
(IA No. 88108/2018 - APPROPRIATE ORDERS/DIRECTIONS)
4
W.P.(C) No. 288/2018 (X)
( IA No. 84512/2020 - APPROPRIATE ORDERS/DIRECTIONS)
W.P.(C) No. 460/2018 (X)
W.P.(C) No. 353/2018 (X)
W.P.(C) No. 378/2018 (X)
W.P.(C) No. 742/2018 (X)
W.P.(C) No. 829/2018 (X)
SMC(Crl) No. 4/2018 (XVII)
W.P.(C) No. 1397/2018 (X)
W.P.(C) No. 502/2019 (X)
Diary No(s). 36392/2019 (X)
CONMT.PET.(C) No. 483/2020 in W.P.(C) No. 940/2017 (X)
Date : 16-11-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE ASHOK BHUSHAN
For Parties
Mr. R. Venkataramani,
Senior Advocate (Court Receiver)
Mr. Pavan Aggarwal, Forensic Auditor
Mr. Ravinder Bhatia,Forensic Auditor
Mr. M. L. Lahoty, 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. Sanjay Jain, ASG
Mr. Vikramjit Banerjee, ASG
Mr. Mukul Singh, Adv.
Mr. Prashant Singh,Adv.
5
Mr. B.K. Prasad, Adv.
Mr. Vikramjit Banerjee, ASG
Mr. vibhu Shankar Mishra, Adv.
Mr. Mukul Singh, Adv.
Mr. B V Balaram Das, AOR
Mr. Vikramjit Banarjee, ASG
Mr. Mukul Singh Adv
Mr. Vikrant Yadav 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. P.S. Narsimha,Sr.Adv.
Mr. Prashant Shukla, Adv.
Ms. Bansuri Swaraj, Adv.
Mr. Divyansh Tiwari, Adv.
Mr. Abhinav Ramkrishna, AOR
Mr. Krishnan Venugopal, Sr. Adv.
Mr. Vishal Gupta, AOR
Mr. Divyanshu Gupta, Adv.
Mr. Dhruv Mehta, Sr. Adv.
Mr. Jasmeet Singh, AOR
Mr. Ketan Gaur, Adv.
Mr. Ayush Mitruka, Adv.
Mr. Ashish Bhan, Adv.
Mr. Saif Ali, Adv.
Mr. Pushpendra S. Bhadoriya, Adv.
Ms. Rusheet Saluja, Adv.
Mr. Siddhartha Dave, Sr. Advocate
Mr. Gudipati G. Kashyap, Adv.
Ms. Apoorva Pandey
Ms. T. Archana, AOR
6
Mr. Ramji Srinivasan Sr. Advocate
Ms. Shweta Kapoor Advocate
Mr. Raghvendra Singh, Sr. Adv.
Ms. Garima Prashad, AOR
Mr. Abhitosh Pratap Singh, Adv.
Mr. Manoj Singh, Adv.
Mr. Subas Ray, Adv.
Mr. Sanjay Kumar Visen, AOR
Mr. P.N. Mishra,Sr.Adv.
Mr. Niraj Gupta, AOR
Md. Fuzail Khan, Advocate
Mr. Anshu Gupta,Adv.
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.
Ms. Vaishali Singh, Adv.
Mr. Ayush Kumar, Adv.
Ms. Silvia, Adv.
M/s Devasa & Co. AOR
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.
Mr. Rajendra Beniwal, Adv.
Ms. Bano Deswal, Adv.
Mr. R.C. Kaushik, AOR
Ms. Shobha Gupta, AOR
Ms. Prachi Apte, Adv.
Mr. Anand Varma, AOR
Mr. Abhishek Prasad, Adv.
Mr. Dhairya Madan, Adv.
Mr. Raghvendra Pratap Singh, Adv.
Mr. Ravindra Kumar, Adv.
7
Ms. Mayuri Raghuvanshi, AOR
Mr. Vyom Raghuvanshi, 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. Amit Kumar, Adv.
Ms. Divya Roy, 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. Keshav Mohan, Adv
Mr. R.K Awasthi, Adv
Mr. Prashant Kumar, Advocate
Mr. Piyush Vatsa, Adv.
Ms. Ritu Arora, Adv
Mr. Santosh Kumar – I, Adv.
Mr. Santosh Paul, Sr. Adv.
Mr. Janender Kumar Chumbak, Advocate
Ms. Radhika, Adv.
Ms. Amita Singh Kalkal, AOR
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.
8
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.
Mr. Siddharth Bhatnagar, Sr. Adv.
Mr. Aviral Kashyap, AOR
Mr. Arpit Rai, Adv
Mr. Talha A. Rahman, AOR
Mr. Pawan Bhushan, Adv.
Mr. Adnan Siddiqui, Adv.
Mohd. Shaz Khan, Adv.
Mr. Udit Atul Konkanthankar, Adv.
Mr. Saurabh Mishra, Adv.
Ms. Bishwajit Dubey, Adv.
Ms. Srideepa Bhattacharyya, Adv.
Ms. Sanskriti Sidana, Adv.
For Cyril Amarchand Mangaldas, AOR
Mr. Krishna Kant Dubey, Adv
Ms. Suchi Singh, Adv.
Mr. Sanjay Kumar Dubey, AOR
Mr. Binod Kumar Singh, Adv.
Mr. Rakesh Kr. Tewari, Adv.
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. 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. Virender Arora, Adv.
9
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.
Mr. O.P. Gaggar, AOR
Ms. Anisha Upadhyay(AOR)
Mr. Nishant Kumar, Adv.
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. Basant Pal 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
10
Ms. Vishrutyi Sahni, Advocate
Mr. Abhimanue Shrestha, AOR
Mr. Devender Kumar Singh, Adv.
Mr. Karunakar Mahalik, AOR
Ms. Arveena Sharma,Adv.
Mr. Atul Sharma, Adv.
Mr. Abhishek Agarwal AOR
Ms. Astha Sharma, AoR
Mr. Sahil Sethi,Adv.
Mr. Shivam Shrama,Adv.
Ms. Mantika Haryani, Adv.
Mr. Shivam Sharma, Advocate
Mr. Braj Kishore Mishra, AOR
Mr. Vinod Kumar, Advocate
Mr. Abhishek Yadav,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.
Mr. Avneesh Arputham, AOR
Ms. Anuradha Arputham,Adv.
Mr. Manish Kumar Saran,AOR
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. A.C.Mishra, Adv.
Ms. Nipun Sharma, Adv.
for ACM Legal, AOR
11
Ms. Richa Kapoor, AOR
Mr. Shalya Agarwal, Adv.
Mr. Kundan Anand, 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
By Courts Motion, AOR
Mr. Mohit Chaudhary, Adv.
Ms Puja Sharma, Adv.
Kings & Alliance LLP. AOR
Mr. Kunal Sachdeva, Adv.
Mr. Shyam Singh Yadav, Adv.
Mr. Imran Ali, adv.
Ms.Garima sharma, Adv.
Mr. Balwinder Singh Suri, Adv.
Mr. Parveen Kr., Adv.
Ms Natasha Garg, Adv.
Mr. Naveen Kumar, AOR
Mr. Mohammed Sadique T.A., AOR
Mr. Abraham Mathew, Adv.
Mr. Harish N. Salve, Sr. Adv.
Mr. Ravindra Kumar, AOR
Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr.Kavin Gulati, Sr. Adv.
Mr. Amit Bhandari, Adv.
Ms. Pavni Poddar, Adv.
Ms. Anubha Agrawal, AOR
Mr. Rohit Amit Sthalekar, AOR
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Mr. Kaushal Yadav, AOR
Mr. Nandlal Kumar Mishra, Adv.
Ms. Ankita Agarwal, Adv.
Mr. Sandeep Mishra Adv.
Dr. Ajay Kumar, Adv.
Ms. Yashoda Katiyar, Adv.
Ms. Kritiya Pandey, Adv.
Ms. Akansha Rai, Adv.
Ms. Apeksha Rai, Adv.
Ms. Shweta Yadav, Adv.
Mr. Pramod Kumar, Adv.
Mr. Gaurav Mitra, Adv.
Mr. Yudhist Narain Singh, Adv.
Mr. Adit Singh, Adv.
Mr. Rajat Mittal, AOR
Mr. Divyakant Lahoti, AOR
Mr. Parikshit Ahuja, Adv.
Ms. Praveen Bisht, Adv.
Ms. Vindhya Mehra, Adv.
Mr. Kartik Lahoti, Adv.
Mr. D. Manoj V. George, Adv.
Ms. Shilpa Liza George, AOR
Mr. Pradeep Misra, AOR
Mr. Suraj Singh, Adv.
Mr. Sandeep Jha, Adv.
Mr. Ram Ekbal Roy, Adv.
Ms. Priyanka Das, Adv.
Ms. Neha Das, Adv.
Mr. Binay Kumar Das, AOR
Ms. Pallavi Pratap, AOR
Mr. Anil K. Chopra, AOR
Mr. Dharmendra Kumar Sinha, AOR
Mr. Pramod Dayal, AOR
Mr. Ajit Sharma, AOR
Ms. Anisha Upadhyay, AOR
Mr. Anil Kumar Mishra-i, AOR
Ms. Richa Kapoor, AOR
Mr. Somiran Sharma, AOR
Mr. Balaji Srinivasan, AOR
Mr. Rabin Majumder, AOR
Mr. Abhijit Sengupta, AOR
Mr. Rajesh Kumar Gupta, AOR
Mr. Mukesh Kumar Maroria, AOR
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Mr. Aman Gupta, AOR
Mr. Akhilesh Kumar Pandey, AOR
Ms. Rakhi Ray, AOR
Mr. Badri Prasad Singh, AOR
Mrs. Swarupama Chaturvedi, AOR
Mr. Syed Mehdi Imam, AOR
Ms. Tatini Basu, AOR
Applicant-in-person, AOR
Ms. Charu Mathur, AOR
Mr. Balraj Dewan, AOR
Mr. Sanchit Garga, AOR
Ms. Vandana Sehgal, AOR
Mr. Anis Ahmed Khan, AOR
Ms. Kamakshi S. Mehlwal, AOR
Mr. Shakil Ahmed Syed, AOR
Ms. Rajkumari Banju, AOR
Mr. Chandan Kumar, AOR
Mr. K. Paari Vendhan, AOR
Mr. Kabir Dixit, AOR
Ms. Sujata Kurdukar, AOR
Mr. Sanjai Kumar Pathak, AOR
Ms. Prerna Mehta, AOR
Mr. Abhinav Ramkrishna, AOR
Mrs. Mona K. Rajvanshi, AOR
Mr. Brijesh Kumar Tamber, AOR
Mr. S. K. Verma, AOR
Ms. Chandan Ramamurthi, AOR
Mr. Somesh Chandra Jha, AOR
Mrs. Kirti Renu Mishra, AOR
Mr. Deepak Prakash, AOR
Ms. Dharitry Phookan, AOR
Mr. G. N. Reddy, AOR
Mr. Somanatha Padhan, AOR
Ms. Anannya Ghosh, AOR
Mr. Vipin Kumar Jai, AOR
Mr. Ravindra Sadanand Chingale, AOR
M/S. D.S.K. Legal, AOR
Mr. Aakarshan Aditya, AOR
Mr. Christopher Dsouza, AOR
Ms. Jasmine Damkewala, AOR
Mr. Pawanshree Agrawal, AOR
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Mr. Chandra Prakash, AOR
Sayaree Basu Mallik, AOR
Mr. Abhinav Shrivastava, AOR
Mr. Ashwarya Sinha, AOR
Mr. D. S. Chauhan, AOR
Mr. G. Balaji, AOR
Mr. Ashok Kumar Singh, AOR
Mr. Prithvi Pal, AOR
Mr. Naresh Kumar, AOR
Mr. Sukant Vikram, AOR
Mr. Kailash Prashad Pandey, AOR
M/S. Dharmaprabhas Law Associates, AOR
Mr. Abdul Azeem Kalebudde, AOR
Mr. Shadan Farasat, AOR
Mr. A. P. Mohanty, AOR
Mr. Gopal Jha, AOR
Ms. Mridula Ray Bharadwaj, AOR
Mr. Sureshan P., AOR
Mr. Vishnu Sharma, AOR
Mr. Gaurav, AOR
Mr. T. Mahipal, AOR
Mr. Sarvam Ritam Khare, AOR
Ms. Anindita Pujari, AOR
Mr. Tahir Ashraf Siddiqui, AOR
Ms. Bharti Tyagi, AOR
Mr. Dheeraj Nair, AOR
Mr. Aneesh Mittal, AOR
Mr. Niraj Gupta, AOR
Mr. Raj Kamal, AOR
Ms. Suruchii Aggarwal, AOR
Mrs. Taruna Singh Gohil, AOR
Mr. Ejaz Maqbool, AOR
Mr. Sumit Sinha, AOR
Mr. M. T. George, AOR
Ms. Rashmi Singh, AOR
Ms. Arti Singh, AOR
Ms. Suman Tripathy, Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Kaushik Choudhury, AOR
Mr. Saket Singh, Adv.
Mrs. Niranjana Singh, AOR
Mr. Siddhartha Jha, AOR
Ms. Charu Ambwani, AOR
Mr. Mushtaq Ahmad, AOR
Mr. Umesh Kumar Khaitan, AOR
Mr. Anoop Prakash Awasthi, AOR
Mr. Malak Manish Bhatt, AOR
15
Ms. Indra Sawhney, AOR
UPON hearing the counsel the Court made the following
O R D E R
I - NOTE SUBMITTED BY THE COURT RECEIVER (A) PROGRESS OF AUCTION AND MSTC PROCEEDINGS Learned Court Receiver submits that the process has been initiated and as and when some progress in that behalf is achieved, he will apprise the Court accordingly. (B) ON RESPONSE FROM THE RESERVE BANK OF INDIA AND INDIAN BANKS ASSOCIATION Mr. Ramesh Babu M.R., learned counsel for RBI, submits that RBI has appointed Nodal Officers to interact with learned Receiver and meetings were arranged with the representatives of the RBI and members of the Indian Banks Association.
It is submitted by learned Receiver that outcome of the last meeting with the representative of the RBI and the members of the Indian Banks Association has not yet been intimated. Mr. Babu accepts that the process shall be expedited and the result in that behalf shall be intimated to the Court on the next occasion.
Learned Receiver is at liberty to take appropriate steps to enter into arrangements with Financial Institutions such as State Bank of India, Bank of Maharashtra and HDFC.
(C) HOME LOANS BY BANKS 16 Learned Receiver has apprised the Court that since March, 2020, the Home Buyers’ contributions have been in excess of Rs. 266 crores and certain financial institutions / Banks have also started funding. Learned Receiver has also pointed out that about 16303 loan accounts were already approved by various banks and financial institutions and the money involved in the loan accounts by way of financial accommodation will be to the tune of Rs.1238 crores.
Mr. Rahul Malhotra, learned counsel for HDFC Ltd. submits that an appropriate MOU has been entered into with learned Receiver and actual disbursal of funds shall be initiated at the earliest.
(D) SUBVENTION OF LOANS
On this issue, learned Receiver has prayed for some
additional time as the relevant information is yet to be
received from various sources. He may do the needful and
apprise the Court at the earliest.
II - NOTE SUBMITTED BY MR. M.L. LAHOTY
(A) RECOVERY OF MONEY FROM M/S ROYAL GOLD LINK CITY PROJECTS
PVT. LTD.
In Sub-Part 1 of Part II of our order dated 02.11.2020, we dealt with the issue concerning recovery of money from M/s Royal Golf Link City Projects Pvt. Ltd. A note has been submitted by Mr. M.L. Lahoty, learned Advocate.
Mr. Saurabh Mishra, learned Advocate appearing for Mr. 17 Royal Golf Link City Projects Pvt. Ltd submits that he has already filed response which is not circulated today. In the circumstances, this issue is adjourned to 23.11.2020. (B) RECOVERY OF 7.23 CRORES FROM M/S ACE INFRACITY DEVELOPERS PVT. LTD.
Our last order adverted to the note submitted by Mr. Keshav Mohan, learned advocate and his statement that his client would deposit Rs.7,21,21,097/- was also recorded.
Mr. Lahoty submits that on the outstanding amount interest may be levied at 12% per annum.
Mr. Keshav Mohan, learned counsel on the other hand submits that the present case stands on a different footing and cannot be equated with the cases of other defaulters.
At the request of the learned counsel for the parties, let this issue be taken up for hearing on 01.12.2020. (C) RECOVERY FROM SUREKHA FAMILY At the request of the learned counsel for the parties, the matter is adjourned to 23.11.2020.
(D) RECOVERY OF LEASE RENTALS FROM ATTACHED PROPERTIES In Item VI of Part II of the last order, notices were directed to be issued to:
(1) Vaishnavi Clarks Inn, Near R.R. Buxi Road, Chowk Road, Shivganga Muhalla, Deoghar, Jharkhand;
(2) Vaishnavi Vahini Mount Life
Hospitality Pvt. Ltd., Dr. B.
Bhattacharya Road, Patel Nagar, BSEB 18 Colony, Patna (Bihar);
(3) Bank of Maharashtra, Plot No.1/3, Hall No.2, First Floor, Amrapali Green, Indirapuram, Ghaziabad;
(4) Indian Overseas Bank Plot No.1/3, Hall No.1, Vaibhav Khand, Indirapuram, Ghaziabad;
(5) The lessee in occupation of Shop Nos.17 and 18, Amrapali Village, Makanpur, Ghaziabad; and (6) Amrapali Hospital, Greater Noida, Uttar Pradesh Insofar as noticees 1 and 2 are concerned, Mr. Aviral Kashyap, learned advocate has entered appearance on their behalf. As regards, noticee No.3, Mr. Brijesh Kr. Tamber, learned advocate has entered appearance. They pray for and are granted a week’s time to file their responses.
Ms. Mayuri Raghuvanshi, learned Advocate has entered appearance on behalf of Indian Overseas Bank and has filed response. She submits that the property in question was mortgaged to Indian Overseas Bank and in proceedings initiated at the instance of the Bank, the property was put to auction which was then purchased by one Babu Deen Khan; and that all these events had occurred before the order of attachment was passed by this Court. She further submits that as of now, her client is in occupation of the premises in the capacity as a lessee.
Mr. Manoj Kumar Singh, appearing on behalf of Amarpali Group has already filed his reply.
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All the replies be served upon Mr. M.L. Lahoty, learned advocate who may file rejoinder to the responses within three days thereafter.
With regard to Amrapali Hospital, Learned Receiver submits that the rent was being deposited upto March, 2020, but after March, 2020, no rent has been deposited. Mr. Manoj Singh, learned advocate submits that rent was being deposited by M/s Promhex Plus Healthcare Pvt. Ltd. He undertakes to intimate and inform said Promhex Plus Healthcare Pvt. Ltd. to do the needful within next three weeks.
Let notices be issued to M/s Promhex Plus Healthcare Pvt. Ltd. in connection with this item. The appropriate statement of accounts regarding rents paid and payable shall be filed before the next date of hearing.
List all these matters for further consideration on 07.12.2020.
(E) RECOVERY OF Rs.912.72 CRORES FROM DIRECTORS, CFO CHANDER WADHWA AND OTHERS At the request of the learned advocate for the concerned persons, time was granted to file responses by 16.11.2020.
Mr. Lahoty submits that no response has been filed. Mr. Manoj Singh, learned Advocate submits that he was indisposed and could not file any response. He prays for and is granted two days time to file the response.
Mr. Abhigya Kushwaha, learned advocate is also granted time of two days to file response.
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If no reply is filed, it shall be taken that the concerned parties have nothing to say in the matter.
List for further consideration on 23.11.2020 as directed earlier.
III - MATTERS INDICATED IN THE OFFICE REPORT
A) RE- LA RESIDENTIA PROJECT
In para 2 of order dated 29.10.2020, we dealt with the issue concerning La Residentia Project and directed that IA Nos. 109882/2020, 168186/2018 and 153341/2019 be taken up while considering the issue whether the Project La Residentia was an Amrapali Project or not.
Mr. V. Giri, learned Senior Advocate representing La Residentia Project prays for and is granted a week’s time to respond to the application.
Mr. Manoj George, learned Advocate submits that he has moved IA No.114865 of 2020 [Z-318] on behalf of Savita Tyagi & Ors. (Home-buyers in La Residentia Project) and prays to list said I.A. alongwith IA Nos. 109882/2020, 168186/2018 and 153341/2019.
Mr. Santosh Paul, learned Senior Advocate also submits that IA No.138939/2019 has also been filed which pertains to La Residentia Project.
List all these matters together on 07.12.2020. Let the copies of the applications be served upon Mr. Dhruv Gandhi, learned advocate within three days time. 21 (B) IA No.89379 of 2020
This IA has been moved by Bank of Baroda praying inter alia:
“A. Clarify the order dated July 23, 2019 passed by this Hon’ble Court in the captioned Writ Petition and uphold the validity of the mortgage created against the loan advanced by the Applicant Bank in respect of Amrapali Infrastructure Private Ltd. and Ultra Home Construction Pvt. Ltd.” Mr. Saurabh Mishra, learned advocate for the applicant has invited our attention to paragraphs 83 and 84 of the Order dated 23.07.2019 and submitted that the permissions granted in the present matter (at page 75-76) did not contain any specific condition akin to condition No.2 dealt with by this Court in para 83 of said order. He submits that subject to the first charge of Greater Noida, the mortgage created in favour of Bank of Baroda may be accepted to be valid. He submits that so long as the dues in respect of plot are outstanding, the Grater Noida Authority shall always have the first charge in respect of the property and subject to such charge, if any mortgage has been created, such mortgage cannot be said to be opposed to law.
Mr. Ravindra Kumar, learned counsel appearing for Greater Noida Authority submits that the authority to create the mortgage comes from the original lease deed in which it was clearly asserted that so long as the dues of the authority are 22 pending, the first charge shall always be of Greater Noida Authority. He accepts that subject to the concessions made by Mr. Saurabh Mishra, learned Advocate, the validity of the mortgage created in favour of Bank be accepted.
Learned Receiver prays for some time to study the matter. Let copies of the application as well as the pleadings exchanged by the parties be furnished to learned Receiver within a week’s time.
List on 07.12.2020.
(C) I.A.No.115383/2020
This IA has been filed by M/s Mahagun Real Estate Pvt. Ltd. praying that the observations made by this Court in its order dated 29.10.2020 concerning “Heart Beat-I and Heart Beat-2 Projects” may be clarified.
An error has kept in the order in the quoted portion from the Receiver’s report. The authority in question is NOIDA and not GREATER NOIDA AUTHORITY.
Learned Receiver submits that he had discussions with the representatives of the Home-buyers Association of Heart Beat-I and Heart Beat-2 Projects and if the representatives of Mahagun Real Estate Pvt. Ltd. as well as NOIDA AUTHORITY also participate in the discussion, a solution can be arrived at which shall then be presented for consideration by this Court.
Instead of taking up the application for consideration, the course suggested by the Court Receiver is accepted. We, 23 therefore, adjourn the matter to 07.12.2020.
The parties are at liberty to file their responses on or before 01.12.2020.
(D) I.A.No.15119/2020[I-110] In our order dated 07.09.2020 certain directions were issued so that the disciplinary proceedings against Mr. Anil Mittal, Chartered Accountant could be initiated and completed by the ICAI at the earliest. It was also directed that the schedule for disciplinary proceedings be indicated so that directions could be issued to ensure presence and participation of Mr. Mittal in the disciplinary proceedings.
Thereafter, an affidavit has been filed on behalf of ICAI indicating certain timelines and para 8 of the affidavit indicates as under:
“8. That under Section 21(3) of the Act, it has also been provided that where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the First Schedule, he shall place the matter before the Board of Discipline and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, he shall place the matter before the Disciplinary Committee.” The Institute is permitted to initiate proceedings as indicated. In case the proceedings are to be taken in physical form and any appropriate directions are required, the 24 Institute shall be at liberty to approach this Court. Otherwise, the modality suggested the application can be undertaken by the Institute to conclude the proceedings as early as possible.
As prayed for, further time of six months to conclude the proceedings is granted.
I.A. is disposed of accordingly.
(E) I.A.Nos.67992/2020 & 67998/2020 These applications have been filed by Axis Bank submitting inter alia that certain financial accommodations were granted to Mr. Ajay Kumar and Mr. Shiva Priya, Directors of Amrapali Group of Companies and in respect of the outstandings the Bank had initiated proceedings under the SARFAESI Act, 2002. However, in view of the order of attachment passed by this Court in the year 2018, the assets of these individuals cannot be proceeded against.
We request learned Receiver to look into the matter and have a dialogue with the Forensic auditors and present his views on 07.12.2020.
(F) IA Nos. 108670, 108681,108696 and 108703 of 2020 IA Nos.108670 and 108681/2020 (on behalf of NOIDA) and IA Nos.108696 and 108703 of 2020 (on behalf of Greater Noida Authority) are seeking recall of the orders dated 10.06.2020, 19.08.2020, 25.08.2020 passed by this Court.
Mr. H.N. Salve, learned Senior Advocate has submitted 25 that certain directions were passed while dealing with IA No.49131 of 2020 preferred by ACE Group of Companies and that the purport of these directions was not to grant benefit to all plot holders and for the entire period 2010 till 2020. It is submitted that as a result of the directions issued by this Court, every builder who had taken plots on certain contractual terms entered into with the authorities is now seeking benefit under the orders.
Issue notice on these applications, returnable on 07.12.2020 Mr. Keshav Mohan, learned advocate appearing on behalf of ACE Group of Companies accepts notice.
Mr. Gaurav Mitra, learned Advocate instructed by Mr. Rajat Mittal, learned advocate appearing for Prateek Group Company requests that his client be afforded audience in connection with these applications. He invites our attention to the order dated 21.09.2020 where the issue raised by various developers and builders was dealt with by this Court as under:
“It appears that large number of applications are getting preferred by builders/developers who are not connected with Amrapali projects, seeking inter alia implementation or clarification or praying for further benefits. Our experience on last few occasions has been that these applications take up considerable length of time, as a result of which the main matters or the issues touching upon the completion of Amrapali projects get sidelined. We, 26 therefore, direct that hereafter the Registry shall not entertain and list before the Bench dealing with Amrapali projects, any application on the issue concerning rate of interest to be charged on the outstanding dues to NOIDA/Greater NOIDA and any other allied subjects from the Builders/Developers who are not connected with Amrapali projects. All the interlocutory applications by the Builders/Developers are therefore disposed of without any orders but reserving the remedy to the concerned applicants to take appropriate action as is open in law.” Mr. Rajat Mittal and Mr. Keshav Mohan, learned advocates are at liberty to file their responses on or before 27.11.2020. Rejoinder, if any, be filed within five days thereafter. The matter shall be dealt with and disposed of on 07.12.2020.
G) List IA Nos. 115285 & IA No.114869/2020 at the top of the Board on 23.11.2020.
(INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER