(Arun Mishra and Uday Umesh Lalit, JJ.)
Bikram Chatterji & Ors. ___________________________ Petitioner(s)
v.
Union of India & Ors. ____________________________ Respondent(s)
Writ Petition(s)(Civil) No(s).940/2017, decided on September 26, 2018
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 and for permission to file addl. documents) W.P.(C) No. 1018/2017 (X) (With appln.(s) for directions and impleadment/intervention) 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 of order dated 12.2.2018) 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) (With appln.(s) for impleadment) W.P.(C) No. 57/2018 (X) (With appln.(s) for 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) (With appln.(s) for impleadment and directions) 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 W.P.(C) No. 742/2018 (X) W.P.(C) No. 829/2018 (X) W.P.(C) No. 866/2018 (X)
The Order of the court was delivered by
Order
1. Heard the learned counsel for the parties.
2. It was pointed out by Mr. M.L. Lahoty, learned senior counsel that there are certain existing Directors, namely, Mr. Anurag Sanghai, Mr. Vinay Vishal and Mr. Sankalp Shukla, particulars of their properties etc have not been filed as ordered by this Court and there are several other existing or former directors whose names have not been disclosed. Let the names of all the directors be disclosed without remiss before the next date fixed alongwith details of asset etc. as already ordered by this Court.
3. It was also pointed out by Mr. Lahoty in I.A. No. 116688/2018 that ‘O’ 2 valley particulars have not been disclosed by the group of companies. Let reply to the said I.A be filed by the Amrapali Group of companies and details of ‘O’ 2 Valley be also disclosed.
4. It was also pointed out that DRT has initiated the proceedings and has directed the production of the original documents, sanctioned plans and other relevant documents available with Amrapali Group of Companies. It was also submitted that valuation has also been ordered. We direct Amrapali Group of companies and the Directors viz. Mr. Anil Kumar Sharma, Ms. Shiv Priya and Mr. Ajay Kumar to submit Maps clearly delineating unencumbered portion of their properties and other details which have been asked by the DRT. Let them be present before the DRT on each and every date until and unless it is specifically dispensed with by the DRT. Let the order of DRT be complied with by the Amrapali Group of company before 4.10.2018.
5. With respect to the handing over the documents by the statutory Auditors as well as by the Amrapali Group of companies we note it regrettably that order passed by this Court has been violated and the documents have not been handed over in spite of clear and categorical direction to handover the documents to forensic auditors within ten days. However, it was pointed out by Mr. Gaurav Bhatia, learned counsel that statutory auditors are going to hand over document etc w.e.f. 2008 to 2015 by tomorrow to the forensic auditors. Let all the necessary documents which may be in possession of Amrapali Group of companies in addition to statutory auditors be also handed over from 2008-2015 and also all the papers of Amrapali Group of companies 2015-2018 by tomorrow. We make it clear that the documents with respect to 2015-2018 shall be handed over by the Amrapali Group companies alongwith all the original documents necessary to do audit shall be handed over to the forensic auditors by tomorrow. Let account books in whatever status they are, at present, be also handed over.
6. We request the forensic auditors to send their representative on the next date of hearing to apprise us of compliance of this order.
7. Before IRB certain proceedings are pending for recovery of dues and inter alia, there are dues of Bank of Maharashtra etc also as pointed out including that of Bank of Baroda.
8. Let the details of all the outstanding dues of secured and unsecured creditors project-wise and in total be submitted in this Court in a tabular form. Let total outstanding dues be stated, including that of Noida and Greater Noida authorities supported by affidavit.
9. Mr. Anoop Kumar Mittal, Chairman of the NBCC and Ms. Pinky Anand, ASG are present. It was pointed out on behalf of the NBCC that detailed project report has to be prepared of Group A Project within 30 days and Group B and C Projects within 60 days. It was also pointed out that tenders may be permitted to be floated by NBCC Group A and B projects. The NBCC is permitted to float the tenders and also to go ahead with the preparation of the DPRs and also to submit detailed proposals, terms and conditions in this Court as prayed by them. Existing architects of amrapali Group of Companies to ensure cooperation with the NBCC. Non-cooperation shall be viewed seriously by this Court.
10. Let DRT go ahead with the process of finding out the encumbrances. We also permit the Bank of Maharashtra and all other such creditors who may have charge on the unencumbered property to state their claim before DRT.
11. Let reply be filed in IA No. 139255/2018, 117300/2018, 95140/2018, 135446/2018, 138400/2018.
12. All applications for impleadments to the extent of intervention are allowed.
13. List on 9.10.2018.
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