(Arun Mishra and Uday Umesh Lalit, JJ.)
Bikram Chatterji and Others _________________________ Petitioner(s);
v.
Union of India and Others _________________________ Respondent(s).
Writ Petition(s) (Civil) No(s). 940/2017, decided on October 24, 2018
(With appln.(s) for directions, exemption from filing O.T., permission to assess the portal facility, intervention/impleadment, vacating stay and modification/clarification) With W.P.(C) No. 947/2017 (X) (With appln.(s) for directions & modification/clarification) W.P.(C) No. 942/2017 (PIL-W) (With appln.(s) for appropriate orders/directions, clarification, intervention/impleadment and appln. on behalf of R.13 seeking permission to pursue company appln. No. 17 (P.B.) of 2018) W.P.(C) No. 971/2017 (X) (With appln.(s) for directions) W.P.(C) No. 1041/2017 (X) (With appln.(s) for directions, further directions and for permission to file addl. documents) W.P.(C) No. 1018/2017 (X) (With appln.(s) for directions) W.P.(C) No. 1116/2017 (X) W.P.(C) No. 1144/2017 (X) (With appln.(s) for directions) W.P.(C) No. 1156/2017 (X) (With appln.(s) for clarification/direction, intervention/impleadment) W.P.(C) No. 1206/2017 (X) (With appln.(s) for directions) 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) (With appln.(s) for directions) W.P.(C) No. 56/2018 (X) W.P.(C) No. 91/2018 (X) W.P.(C) No. 57/2018 (X) (With appln.(s) for clarification/directions) W.P.(C) No. 74/2018 (X) W.P.(C) No. 134/2018 (X) (With appln.(s) for permission to file addl. documents) W.P.(C) No. 131/2018 (X) (With appln.(s) for stay/directions) W.P.(C) No. 160/2018 (X) (With appln.(s) for permission to file subsequent events on record) W.P.(C) No. 164/2018 (X) W.P.(C) No. 182/2018 (X) (With appln.(s) for directions) 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) (With appln.(s) for stay) W.P.(C) No. 306/2018 (X) W.P.(C) No. 246/2018 (X) W.P.(C) No. 298/2018 (X) W.P.(C) No. 267/2018 (X) W.P.(C) No. 288/2018 (X) W.P.(C) No. 353/2018 (X) (With appln.(s) for stay) W.P.(C) No. 378/2018 (X) W.P.(C) No. 460/2018 (X) W.P.(C) No. 742/2018 (X) W.P.(C) No. 829/2018 (X) (With appln. for grant of interim relief) W.P.(C) No. 866/2018 (X) (with appln. for exemption from filing O.T.)
The Order of the court was delivered by
Order
1. The Forensic Auditors were heard at extensive length. It was stated by them that it appears from various documents that amount of more than rupees one hundred crore had been diverted to a firm known as GauriSuta Infrastructures Pvt. Ltd., in which Ashish Jain and Vivek Mittal were the Directors. They are stated to be relatives of the statutory auditors. It is also stated that there are various malfunctioning of the statutory auditors and they have totally failed in their duties which statutory auditors are supposed to perform. Let the details be submitted by way of interim report by tomorrow, i.e. 25.10.2018, with respect to the role of the said auditors and also whether they are cooperating or not and as to their involvement in the matter.
2. We permit the forensic auditors to tape record the questions which they put to the Directors etc. and record their answers also and to submit that in this Court along with their report.
3. It was pointed out by Shri M.L. Lahoty learned counsel, that there are many more additional Directors than those disclosed by the Amrapali Group of Companies and there are 16 more Directors. Let proper application in this regard be filed, as prayed, by tomorrow.
4. It was also pointed out that there is non-cooperation of the Amrapali Group of Companies in the proceedings before DRT. Let the order sheets of the DRT be placed on record. It is made clear to the Amrapali Group of Companies that they have to abide by the orders of this Court and cooperate with the DRT.
5. It also transpired that there is a meeting convened by NBCC tomorrow. Let the representatives of Amrapali Group, Mr. Ram Kumar, Technical Engineer, and Mr. Shyam Singh be present in the meeting fixed for tomorrow. Let the statutory auditors of Amrapali Group of Companies file their reply as interim report to be submitted by the auditors.
6. Let Chander Wadhwa, CFO of Amrapali Group be kept present in Court.
7. All applications for impleadments/interventions are allowed.
8. Case to be taken up on Friday, i.e. 26.10.2018 at 2.00 p.m.
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