(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 April 9, 2019
([For Directions] IA 135815/2017, 140269/2017, 6608/2018, 6855/2018, 50374/2018, 51806/2018, 55922/2018, 95273/2018, 96889/2018, 125860/2018, 128852/2018, 130673/2018, 135446/2018, 137605/2018, 137609/2018, 138856/2018, 138861/2018, 140746/2018, 143227/2018, 146057/2018, 152091/2018, 154433/2018, 168186/2018, 169415/2018, 169613/2018, 172228/2018, 173033/2018, 174865/2018, 179645/2018, 181362/2018, 181365/2018, 181491/2018, 181715/2018, 185510/2018, 185514/2018, 185798/2018, 374/2019, 6281/2019, 6282/2019, 6285/2019, 6286/2019, 7040/2019, 7529/2019, 8259/2019, 8260/2019, 9802/2019) With W.P.(C) No. 947/2017 (X) (For Appropriate Orders/Directions on IA 100453/2017 For Clarification/Direction on IA 6312/2018) W.P.(C) No. 971/2017 (X) (For Clarification/Direction on IA 102714/2017) W.P.(C) No. 942/2017 (PIL-W) (For Appropriate Orders/Directions on IA 100082/2017 For Clarification/Direction on IA 7366/2018 For Clarification/Direction on IA 35933/2018 For Intervention/Impleadment on IA 37155/2018 For [I/A on Behalf of Resp. No 13 Seeking Permission to Pursue Company Appli. No. 17(P.B) of 2018 and] on IA 41987/2018) SLP(C) No. 1879/2018 (XVII) W.P.(C) No. 1041/2017 (X) (IA 109963/2017 For Clarification/Direction on IA 25742/2018 For Clarification/Direction on IA 35467/2018 For Permission to File Additional Documents on IA 60314/2018 For Permission to File Additional Documents on IA 64019/2018) W.P.(C) No. 1018/2017 (X) (For Clarification/Direction on IA 124195/2017 For Clarification/Direction on IA 7355/2018) W.P.(C) No. 1116/2017 (X) W.P.(C) No. 1144/2017 (X) (IA For Appropriate Orders/Directions on IA 124701/2017) W.P.(C) No. 1156/2017 (X) (For Clarification/Direction on IA 36571/2018 For impleading party on IA 64349/2018 For Intervention/Impleadment on IA 64349/2018) W.P.(C) No. 1206/2017 (X) (For Appropriate Orders/Directions on IA 135678/2017) 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) (For Appropriate Orders/Directions on IA 25842/2018) W.P.(C) No. 91/2018 (X) W.P.(C) No. 56/2018 (X) W.P.(C) No. 57/2018 (X) (For Clarification/Direction on IA 64604/2018) W.P.(C) No. 74/2018 (X) W.P.(C) No. 134/2018 (X) (IA For Permission to File Additional Documents on IA 27092/2018) W.P.(C) No. 131/2018 (X) (IA For [Application For Stay/Directions] on IA 25109/2018) W.P.(C) No. 160/2018 (X) (For [Perm to File Subsquent Events on Record] on IA 56300/2018) 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) (For Admission) W.P.(C) No. 281/2018 (X) (IA For Stay Application on IA 48296/2018) 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) (For Admission) W.P.(C) No. 288/2018 (X) (For Admission) W.P.(C) No. 460/2018 (X) W.P.(C) No. 353/2018 (X) (For Admission and IA No. 57585/2018-Stay Application) W.P.(C) No. 378/2018 (X) W.P.(C) No. 742/2018 (X) (For Admission) W.P.(C) No. 829/2018 (X) W.P.(C) No. 866/2018 (X) SMC(Crl) No. 4/2018 (XVII) W.P.(C) No. 1397/2018 (X)
The Order of the court was delivered by
Order
1. The learned senior counsel appearing for Mr. Chander Wadhwa has come up with two Manager’s Cheques with the following particulars:—
1) Manager’s Cheque No. 016932 dated 22.03.2019 drawn on HDFC Bank in the name of The Drawing and Disbursing Officer, Supreme Court of India for a sum of Rs. 32,00,000/- (Rupees Thirty Two Lakhs);
2) Manager’s Cheque No. 016933 dated 22.03.2019 drawn on HDFC Bank in the name of The Drawing and Disbursing Officer, Supreme Court of India for a sum of Rs. 89,00,000/- (Rupees Eighty Nine Lakhs);
2. The learned counsel is directed to deposit the cheques with the Registrar of the concerned Section during the course of the day.
3. We have heard the learned counsel appearing on both sides.
4. The Forensic Auditors have submitted their final report except with respect to eleven (11) matters which they have culled out in a note separately submitted to this Court. With respect to these eleven (11) matters, they have submitted that they are working on it, however, the concerned parties have not cooperated with them. We give them time upto 28.04.2019 to complete the forensic audit with respect to these eleven matters enumerated in the note submitted to this Court.
5. We have already framed various questions on the previous occasions on which this Court is hearing the matter. Now we propose to hear the matter finally on those issues and to decide the various aspects which are involved with respect to the protection of buyers’ interest and how they can get clear title after completion of the projects in the peculiar facts and circumstances of the case, particularly in view of the dues of NOIDA and Greater Noida authorities and other secured creditors such as Banks etc.
6. Let the learned counsel appearing on behalf of NOIDA and Greater Noida authorities as well as the learned counsel appearing for the Banks address this Court as to what is to be done about their dues and how they have to be secured and how equities can be worked out. Let the learned counsel address this Court as to how the projects are to be completed as early as possible and whether it is necessary, in the peculiar facts and circumstances of the case, to sell the entire projects as they stand on ‘as is where is basis’ and how it can be done.
7. Let the Amrapalli Group of Companies also address this Court as to the right and the investment which they have made in this project and what they have done with the money of the buyers and address this Court as they have diverted the money of the buyers, how to secure it and why they should not be suitably dealt with in accordance with law for what they have done, as projected in the various affidavits as well as in the report of the forensic auditors submitted to this Court.
8. Since this case requires to be concluded and requires substantial time for hearing the arguments, we propose to hear the case, along with the contempt matter and other issues framed by this Court, consecutively at least for three days i.e. on 30.04.2019, 01.05.2019 and 02.05.2019 from 10.30 AM onwards, of course with the permission of Hon’ble The Chief Justice of India.
9. It is stated that the copies of the forensic report is in circulation. It should not have happened that way. We take serious note of this fact. Be that as it may, for the time being, as it was stated that the copies are not available with Ms. Geeta Luthra, learned senior counsel, though the submission is disputed, let a copy of the forensic audit report be furnished in a representative capacity to Ms. Geeta Luthra, representing Amrapali Group of Companies. A copy of the report has been furnished to Mr. M.L. Lahoti, learned counsel. Hence, no further copies need be furnished to any one else.
10. Let the copy of the forensic audit report be kept in a sealed cover.
11. The Forensic Auditors have stated that their emails are not being properly responded to by the recipients. We direct the recipients to cooperate with the forensic auditors and any violation on their part shall be treated as violation of the order passed by this Court. Let them not only cooperate but also furnish all the information which may be required by the auditors. Let Forensic Auditors forward a copy of the order with email to such incumbents and any violation of this order will amount to gross contempt.
12. The learned counsel appearing for the NBCC has submitted that they have incurred an expenditure of approximately Rs. 1,40,00,000/-(Rupees One Crore and Forty Lakhs) and out of which Rs. 1,00,00,000/- (Rupees One Crore) has already been released. We direct that a further amount of Rs. 50,00,000/- (Rupees Fifty Lakhs) be released to the NBCC from the account ‘The Drawing and Disbursing Officer, Supreme Court of India’ as it is stated that the work is still going on. The details of the expenditure of March, 2019 has been submitted. Let the details of the expenditure of April, 2019 be submitted by NBCC on 30.04.2019.
13. The Registry is directed to place the matter before Hon’ble The Chief Justice of India for directions for listing the matter on 30.04.2019, 01.05.2019 and 02.05.2019 from 10.30 AM onwards.
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