CORRECTED SLP NOS.*

ITEM NO.301

COURT NO.4 SECTION X (HEARING THROUGH VIDEO CONFERENCING)

SUPREME COURT OF I N D I A RECORD OF PROCEEDINGS

Writ Petition (Civil) No.940/2017

BIKRAM CHATTERJI & ORS.

Petitioner(s)

Respondent $(s)$

VERSUS

UNION OF INDIA & ORS.

WITH

(The matters pertaining to (i) Surekha Family and CFO Chander Wadhwa; IA No.74385/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.50370/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.67992/2020 PERMISSION; IA No.108703/2020 - FOR PERMISSION; FOR $IA$ No.108681/2020 - FOR PERMISSION; IA No.110402/2020 - FOR TAKING ON RECORD; IA No.110027/2020 - FOR TAKING ON RECORD; IA No.100367/2020 FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.109440/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.94047/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS: $\mathbf{I}\mathbf{A}$ No.109907/2020 -FOR APPROPRIATE $\mathbf{P}$ ORDERS/DIRECTIONS; IA No.90985/2020 - FOR APPROPRIATE ORDERS/ DIRECTIONS: IA No.99886/2020 - FOR APPROPRIATE ORDERS/ DIRECTIONS; $TA$ No.109401/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS: $IA$ No.1023/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.112929/2020 FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.109599/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; IA No.111395/2020 - FOR APPROPRIATE ORDERS/DIRECTIONS; $\mathbf{I}\mathbf{A}$ No.74385/2020 $-$ FOR APPROPRIATE $\mathbf{I}\mathbf{A}$ No.180011/2019 ORDERS/DIRECTIONS: FOR $\overline{a}$ CLARIFICATION/DIRECTIONS; IA No.180011/2019 - FOR CLARIFICATION/ DIRECTIONS; IA No.114869/2020 - FOR CLARIFICATION/DIRECTION; $\mathbf{I}\mathbf{A}$ No.114496/2019 - FOR CLARIFICATION/ DIRECTION; IA No.89379/2020 -FOR CLARIFICATION/DIRECTION; $\mathbf{I}\mathbf{A}$ No.96598/2020 FOR CLARIFICATION/DIRECTION; IA No.95273/2018 -FOR CLARIFICATION/ DIRECTION; IA No.95831/2020 - FOR CLARIFICATION/DIRECTION; No.109576/2020 - FOR CLARIFICATION/DIRECTION; IA No.189314/2019 -FOR COMPLIANCE OF COURT'S ORDER; IA No.94049/2020 - FOR EXEMPTION FROM FILING AFFIDAVIT; IA No.89380/2020 - FOR EXEMPTION FROM FILING O.T.; IA No.95828/2020 - FOR INTERVENTION; IA No.100361/2020 - FOR INTERVENTION; IA No.109438/2020 $\mathbf{L} = \mathbf{L}$ ${\sf FOR}$ INTERVENTION; $\mathbf{I}\mathbf{A}$ FOR INTERVENTION; $\mathbf{L}$ No.109903/2020 IA No.109397/2020 FOR FOR INTERVENTION: $\mathbf{I}\mathbf{A}$ No.109882/2020 INTERVENTION: $TA$ INTERVENTION; IA $No.114490/2019 -$ FOR No.8259/2019 $\mathbf{L}$ FOR 📺 ERVENTION APPLICATION; IA No.111393/2020 - FOR INTERVENTION; IA NG 111314/2020 - FOR INTERVENTION: IA No.109573/2020 - FOR TNTERVENTION; IA No.3573/2020 - FOR INTERVENTION/IMPLEADMENT; IA No.99884/2020 - FOR INTERVENTION/IMPLEADMENT; IA No.109596/2020 -FOR INTERVENTION/IMPLEADMENT; IA No.182077/2019 - FOR MODIFICATION; I?A No.182673/2019 - FOR MODIFICATION; IA No.182079/2019 - FOR

MODIFICATION; IA No.99854/2020 – FOR MODIFICATION OF COURT ORDER; IA No.77651/2020 – FOR MODIFICATION OF COURT ORDER; IA No.60700/2020 - FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES; IA No.108670/2020 – FOR RECALLING THE COURT'S ORDER; IA No.127793/2019 - FOR RECALLING THE COURTS ORDER; IA No.127787/2019 - FOR RECALLING THE COURTS ORDER; and IA No.108696/2020 – FOR RECALLING THE COURT'S ORDER)

SMC (Crl) No.4/2018 (XVII) W.P.(C) No.378/2018 (X) W.P.(C) No.245/2018 (X) W.P.(C) No.306/2018 (X) SLP(C) No.1879/2018 (XVII) Diary No.36392/2019 (X) CONMT. PET.(C) No.483/2020 in W.P.(C) No.940/2017 (X) W.P.(C) No.298/2018 (X) W.P.(C) No.288/2018 (X) (IA No.84512/2020 – FOR APPROPRIATE ORDERS/DIRECTIONS) W.P.(C) No.1397/2018 (X) W.P.(C) No.502/2019 (X) W.P.(C) No.226/2018 (X) W.P.(C) No.267/2018 (X) (IA No.88108/2018 – FOR APPROPRIATE ORDERS/DIRECTIONS) W.P.(C) No.199/2018 (X) W.P.(C) No.246/2018 (X) W.P.(C) No.353/2018 (X) W.P.(C) No.829/2018 (X) W.P.(C) No.742/2018 (X) W.P.(C) No.460/2018 (X) W.P.(C) No.1018/2017 (X) W.P.(C) No.134/2018 (X) W.P.(C) No.131/2018 (X)

W.P.(C) No.1206/2017 (X) W.P.(C) No.281/2018 (X) W.P.(C) No.1116/2017 (X) W.P.(C) No.1156/2017 (X) W.P.(C) No.1144/2017 (X) W.P.(C) No.1041/2017 (X) W.P.(C) No.971/2017 (X) W.P.(C) No.947/2017 (X) W.P.(C) No.74/2018 (X) W.P.(C) No.56/2018 (X) W.P.(C) No.182/2018 (X) W.P.(C) No.8/2018 (X) W.P.(C) No.91/2018 (X) W.P.(C) No.160/2018 (X) (IA No.87533/2020 – FOR EXEMPTION FROM FILING AFFIDAVIT; and, IA No.87532/2020 – FOR MODIFICATION OF COURT ORDER) W.P.(C) No.21/2018 (X) W.P.(C) No.58/2018 (X) W.P.(C) No.942/2017 (PIL-W) W.P.(C) No.1242/2017 (X) W.P.(C) No.52/2018 (X) W.P.(C) No.57/2018 (X) W.P. (C) No.1209/2020 (X) (FOR ADMISSION; and, IA No.105970/2020 – FOR CLARIFICATION/ DIRECTION) SLP (C) No.5459/2016 (IV-B)

W.P.(C) No.164/2018 (X)

SLP (C) No.5473/2016 (IV-B) (IA No.95779/2020 – FOR CLARIFICATION/DIRECTION)

• SLP (C) No.5891/2016 (IV-B)
• SLP (C) No.5802/2016 (IV-B)
• SLP (C) No.5792/2016 (IV-B)
• SLP (C) No.5811/2016 (IV-B)
• SLP (C) No.6037/2016 (IV-B)
• SLP (C) No.5819/2016 (IV-B)
• SLP (C) No.5878/2016 (IV-B)
• SLP (C) No.5808/2016 (IV-B)
• SLP (C) No.6087/2016 (IV-B)
• SLP (C) No.6447/2016 (IV-B)
• SLP (C) No.6429/2016 (IV-B)
• SLP (C) No.6399/2016 (IV-B)*
• SLP (C) No.6331/2016 (IV-B) (IA No.94000/2018 – FOR DIRECTION)
• SLP (C) No.6433/2016 (IV-B)*
• SLP (C) No.10465/2016 (IV-B)
• SLP (C) No.10200/2016 (IV-B)
• SLP (C) No.10615/2016 (IV-B)
• SLP (C) No.8710/2016 (IV-B)
• SLP (C) No.12015/2016 (IV-B)
• SLP (C) No.17082/2016 (IV-B)
• SLP (C) No.17598/2016 (IV-B)
• WP (C) No.1057/2020 (X)
• (FOR ADMISSION; and, IA No.92089/2020 FOR STAY)
• WP (C) No.1097/2020 (X)

Date : 23-11-2020 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE ASHOK BHUSHAN

Counsel for the Parties:

Mr. R. Venkataramani, Senior Advocate (Court Receiver) Mr. Pavan Aggarwal, Forensic Auditor Mr. Ravinder Bhatia,Forensic Auditor Mr. Ravindra Kumar, AOR Mr. M. L. Lahoty, Adv. Mr. Paban K Sharma, Adv. Mr. Anchit Sripat, Adv. Mr. Himanshu Shekhar, AOR Mr. Manoj Singh, Adv. Mr. Subas Ray, Adv. Mr. Sanjay Kumar Visen, AOR Mr. Krishnan Venugopal, Sr. Adv. Mr. Vishal Gupta, AOR Mr. Divyanshu Gupta, Adv. Mr. P.S. Narasimha, Sr. Adv. Mr. Prashant Shukla, Adv. Ms. Bansuri Swaraj, Adv. Mr. Aurdendhu M. Prasad, Adv. Mr. Abhinav Ramkrishna, AOR Mr. Kavin Gulati, Sr. Adv. Mr. Amit Bhandari, Adv. Ms. Anubha Agrawal, AOR Mr. V. Shekhar, Sr. Adv. Mr. Abhigya Kushwah, AOR Ms. Sheetal Rajput, Adv. Ms. Sunita Yadav, Adv. Mr. Pradeep Kumar Dubey, Adv. Mr. Siddharth Rajkumar Murarka, Adv. Ms. Anamika Kushwaha, Adv. Ms. Nandita Rao, Adv. Ms. Mahija Reddy,Adv. Mr. K.N. Agnihotri, Adv. Mr. Virender Arora, Adv.

Mr. Vikramjit Banerjee, ASG Mr. Mukul Singh, Adv. Mr. Vikrant Yadav, Adv. Mr. Vibhu Shankar Mishra, Adv. Mr. R. Rajesh, Adv. Mr. Raj Bahadur Yadav, Adv. Mr. Vikramjit Banerjee, ASG Mr. Vibhu Shanker Mishra Adv Mr. Mukul Singh Adv Mr. B.V. Balaram Das, AOR Mr. Sanjay Jain, ASG Mr. Vikramjit Banerjee, ASG Mr. Prashant Singh,Adv. Mr. Mukul Singh, Adv. Mr. B.V. Balram Das, Adv. Mr. B.K. Prasad, Adv. Mr. Vikramjit Banerjee, ASG Ms. V. Mohana, Sr. Adv. Mr. Mukul Singh Adv Mr. Prashant Singh, Adv. Ms. Anil Katiyar, AOR Mr. V.K. Shukla, Sr. Adv. Mr. Shekhar G. Devasa, Av. Mr. Rohit Pandey, Adv. Mr. Manish Tiwari, Adv. Mr. Luv Kumar, Adv. Mr. Varad Dwivedi, Adv. Ms. Sukriti Chauhan, Adv. Mr. Vaishali Singh, Adv. Mr. Ayush Kumar, Adv. Ms. Silvia, Adv. M/s. Devasa & Co., AOR Mr. Mukul Rohatgi, Sr. Adv. Ms. Kanika Agnihotri, Adv. Mr. Amer Vaid, Adv. Ms. Yashodhara Gupta, Adv. Mr. Gaurav Vaid, Adv. Ms. Niharika Ahluwalia, AOR Mr. Sanjay Hegde, Sr. Adv. Mr. Aditya Jain, AOR Mr. Brijender Chahar, Sr. Adv. Mr. Aditya Jain, AOR

Mr. Gudipati G. Kashyap, Adv. Ms. T. Archana, AOR Mr. Jamnesh Kumar, Adv. Mr. Himanshu Shekhar, AOR Mr. Niraj Gupta, AOR Md. Fuzail Khan, Adv. Mr. Anshu Gupta,Adv. Mr. Piyush Beriwal, Adv. Mr. Ankit Rai, Adv. Mr. Surender Kumar Gupta, 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, AOR Mr. Senthil Jagadeesan, AOR Ms. Sonakshi Malhan, Adv. Ms. Mrinal Kanwar, Adv. Ms. Suriti Choudhary, Adv. Mr. Alok Sangwan, AAG Dr. Monika Gusain, AOR Mr. Saurabh Mishra, Adv. Ms. Bishwajit Dubey, Adv. Ms. Srideepa Bhattacharyya, Adv. Ms. Sanskriti Sidana, Adv. for Cyril Amarchand Mangaldas, AOR Mr. Arpit Rai, Adv Mr. Aviral Kashyap, AOR Mr. Sanjeev Prakash Upadhyaya, Adv. Ms. Vimal Sinha,Adv. Mr. Ramesh Babu M. R., AOR Ms. Manisha Singh, Adv. Ms. Nisha Sharma, Adv. Mr. Pradhuman Gohil, Adv. Ms. Taruna Singh Gohil, AoR Ms. Ranu Purohit, Adv. Ms. Riya Chopra, Adv. Ms. Tanya Srivastava, Adv. Ms. Jasleen Bindra, Adv.

Mr. Divyakant Lahoti, AOR Mr. Parikshit Ahuja, Adv. Ms. Praveena Bisht, Adv. Ms. Vindhya Mehra, Adv. Ms. Madhur Jhavar, Adv. Mr. Kartik Lahoti, Adv. Mr. Rahul Maheshwari, Adv. Mr. Jaigopal Saboo, Adv. Mr. Kaushal Yadav, AOR Dr. Sanjay Gupta, Adv. Mr. Nandlal Kumar Mishra, Adv. Ms. Ankita Agarwal, Adv. Mr. Sandeep Mishra, 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. Dr. Ajay Kumar, Adv. Ms. Purti Marwaha, Adv. Ms. Twisha Issar, Adv. Mr. Ravindra Sadanand Chingale, AOR Mr. Rajesh P., AOR Mr. Rahul Malhotra, Adv. Ms. Himanshi Madan, Adv. M/s. Karanjawala & Co., AOR Mr. Pravin Bahadur, Adv. Mr. Davesh Bhatia, Adv. Mr. Alabhya Dhamija, Adv. Ms. Damini Bisht, Adv. Mr. A.C. Mishra, Adv. Ms. Nipun Sharma, Adv. for ACM Legal, AOR Mr. Devendra Kumar Singh, Adv. Mr. Karunakar Mahalik, AOR Mr. Saket Singh, Adv. Ms. Niranjana Singh, AOR Ms. Garima Prashad, AOR Mr. Abhitosh Pratap Singh, Adv. Mr. Pradeep Misra, AOR Mr. Suraj Singh, Adv.

Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. Ankur Chawla, Adv. Mr. Rahul Pratap, AOR Ms. Richa Kapoor, AOR Mr. Kunal Anand, Adv. Ms. Suman Tripathy, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Himanshu Munshi, Adv. Mr. Ambhoj Kumar Sinha, AOR Mr. Yudhist Narain Singh, Adv. Mr. Rajat Mittal, AOR Mr. Hemant Saini, Adv. Mr. Alok Gupta, AOR Mr. Rohit Kumar Singh, AOR Mr. Shubham V. Gawande, Adv. Mr. Raj Kamal, AOR Mr. DK Sharma, Adv. Mr. Apoorv Chandra Saxena, Adv. Mr. Maheen Pradhan, Adv. Mr. Aseem Atwal, Adv. Mr. Kartavya Batra, 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. Mohit Chaudhary, Adv. Ms. Puja Sharma, Adv. Kings & Alliance LLP, AOR Mr. Kunal Sachdeva, Adv. Mr. Shyam Singh Yadav, Adv. Mr. Imran Ali, Adv. Mr. Balwinder Singh Suri, Adv. Ms. Garima Sharma, Adv. Mr. Parveen Kumar, Adv.

Ms. Sukriti Chauhan,Adv. Mr. Ayush Kumar,Adv. Ms. Manju Jetley,AOR Ms. Shuchi Singh, Adv. Mr. Krishna Kant Dubey, Adv Mr. Sanjay Kumar Dubey, AOR Mr. Rakesh Kumar Tewari, Adv. Mr. Kanak Bose, Adv Mr. Varun Sarin, Adv Mr. Ashok Mathur, AOR Ms. Astha Sharma, AOR Mr. Sahil Sethi,Adv. Mr. Shivam Shrama,Adv. Ms. Mantika Haryani, Adv. Mr. Prakash Kumar Singh, AOR Dr. Brij Bhushan K. Jauhari, Adv. Ms. Purnima Jauhari, Adv, Mr. Harsh Mahan , Adv. Mr. O.P. Singh, Adv. Mr. Ashok Kumar Singh, Adv. Mr. Vikram Jain, Adv. Ms. Pragya Singh, Adv. Mr. Shantwanu Singh, AOR Mr. Shubham Bhalla, AOR Mr. Yajur Bhalla, Adv. Mr. Deepak Samota, Adv. Mr. Vijay Kumar Diwedi, Adv. Mr. Sandeep Jha, Adv. Mr. Ram Ekbal Roy, Adv. Ms. Priyanka Das, Adv. Ms. Neha Das, Adv. Mr. Binay Kumar Das, AOR Mr. Ranjan Kumar Pandey, AOR Mr. Sandeep Bisht, Advocate Mr. Anuj Tiwari, Advocate Mr. Shikhar Shrivastava, Advocate Mr. Rabin Majumder, AOR Ms. Akansha Srivastava, Adv. Mr. Joydeep Mukherjee, Adv. Mr. Nand Ram, Adv.

Mr. P.B.A. Srinivasan, Adv. Mr. Aman Gupta AOR Mr. Avinash Mohopatra, Adv. Mr. Parth D. Tandon, Adv. Ms. Ichchha Kalash, Adv. Mr. Dheeraj Nair, AOR Mr. Kumar Kislay, Advocate Ms. Vishrutyi Sahni, Advocate Mr. S.L. Gupta, Adv. Mr. Asutosh Sharma, Adv. Mr. Gunjan Sharma, Adv. Mr. Varinder Kumar Sharma, AOR Mr. Arvind Gupta, AOR Mr. Pran Krishna Jana, Adv. Mr. Binod Kumar Singh, Adv. Mr. Shiv Kumar Pandey, Adv. Mr. Chandrashekhar A. Chakalabbi, Adv. Mr. Awanish Kumar, Adv. Mr. Anshul Rai, Adv. M/s. Dharmaprabhas Law Associates, AOR Ms. Arti Singh, AOR Mr. Aakashdeep Singh Roda, Adv. Mr. Basant Pal Singh, Adv. Mr. Alok Kumar Sharma, Adv. Mr. Naresh Kumar, AOR Ms. Prerna Mehta, AOR Mr. Naresh Aditya Madhav, Adv. Mr. Amit Kumar, Adv. Mr. Avijit Mani Tripathi, AOR Mr. Avneesh Arputham, AOR Ms. Anuradha Arputham,Adv. Mr. Sanjoy Kumar Ghosh, Advocate Ms. Rupali Samanta Ghosh, AOR Mr. Chandra Prakash, AOR Mr. Rahil Sharan, Adv. Ms. Sakshi Banga, Advocate Mr. Anas Tanwir, AoR

Mr. Harish Pandey, AOR Mr. Alok Kumar Pandey, Adv. Ms. Richa Kapoor, AOR Mr. Shalya Agarwal, Adv. Ms. Indrani Mukherjee, Adv Ms. Tatini Basu, AOR Mr. Deepali Dwivedi, Adv. Mr. Fuzail Ahmad Ayyubi, AOR Ms. Shobha Gupta, AOR Ms. Prachi Apte, Adv. Ms. E. R. Sumathy, AOR Ms. Savita Aggarwal, Adv. Mr. Pramod Dayal, AOR Mr. Nikunj Dayal, Adv. Mr. Talha A Rahman, AOR Mr. Pawan Bhushan, Adv. Ms. Taherabi Kalebudde, Adv. Mr. Abdul Azeem Kalebudde, AOR Mr. Janender Kumar Chumbak, Adv. Ms. Amita Singh Kalkal, AOR Mr. Abraham Thomas, Adv. Mohd. Sadique T.A., AOR Ms. Rakhi Ray, AOR Mr. Badri Prasad Singh, AOR Mr. Anil Kumar Mishra-I, AOR Mr. Anuj Bhandari, AOR Mr. Gautam Das, AOR Mr. Amit Pawan, AOR Mr. Abhishek Agarwal AOR Mr. Umesh Kr. Khaitan, AOR Mr. Ram Lal Roy, AOR

			Mr. Tahir Ashraf Siddiqui, AOR
--	--	--	--------------------------------	--	--

Ms. Kirti R. Mishra, AOR

Mr. B.K. Satija, AOR

Mr. Siddharth Jaiprakash, AOR

Mr. Anand Varma, AOR

Mr. E.C. Vidyasagar, AOR

Mr. Gaurav Goel, AOR

Ms. Hima Lawrence, AOR

Mr. Satish Pandey AOR

Mr. Shovan Mishra, AOR

Mr. Braj Kishore Mishra, AOR

Mr. Shardul Shroff, AOR

Ms. Anisha Upadhyay, AOR

Mr. Aniruddha P. Mayee, AOR

Mr. Vivek Narayan Sharma, AOR

Mr. Balraj Dewan, AOR

Mr. Rohit Amit Sthalekar, AOR

Mr. Manish Kumar Saran,AOR

Mr. Abhimanue Shrestha, AOR

Mr. Anis Ahmed Khan AOR

Ms. Mayuri Raghuvanshi, AOR

Mr. Chandan Kumar, AOR

Mr. Kailash Prashad Pandey, AOR

Mr. Shadan Farasat, AOR

Mr. Gopal Jha, AOR

• Mr. A. P. Mohanty, AOR

• Mr. G. Balaji, AOR

• Ms. Jasmine Damkewala, AOR

• Ms. Sangeeta Singh, AOR

• Mr. Sayaree Basu Mallik, AOR

• Mr. Prithvi Pal, AOR

• Ms. Pallavi Pratap, AOR

• Mr. Akhilesh Kumar Pandey, AOR

• Ms. Rakhi Ray, AOR

• Mr. Badri Prasad Singh, AOR

  • Mr. Dharmendra Kumar Sinha, AOR
    • Mr. Balaji Srinivasan, AOR
    • Mr. Rajesh Kumar Gupta, AOR
    • Mr. Mukesh Kumar Maroria, AOR
    • Mr. Himanshu Tyagi, AOR
    • Mr. Sukant Vikram, AOR
    • Ms. Swarupama Chaturvedi, AOR
    • Mr. Joby P. Varghese, AOR
    • Ms. Gargi Khanna, AOR
    • Mr. Roopansh Purohit, AOR
    • Mr. Christopher Dsouza, AOR
    • Mr. E. C. Vidya Sagar, AOR
    • Ms. Lalita Kaushik, AOR
    • Mr. Shishir Pinaki, AOR
    • Mr. Sarvam Ritam Khare, AOR

• Mr. Sudhansu Palo, AOR

• Mr. Sunny Choudhary, AOR

• Ms. Chandan Ramamurthi, AOR

• M/s. D.S.K. Legal, AOR

  • Mr. S. K. Verma, AOR

• Mr. Kumar Dushyant Singh, AOR

  • Ms. Dharitry Phookan, AOR

• Mr. Arun K. Sinha, AOR

• Mr. Ritesh Agrawal, AOR

• Mr. Kedar Nath Tripathy, AOR

• Mr. Abhijit Sengupta, AOR

• Mr. Arup Banerjee, AOR

• Ms. Usha Nandini V, AOR

• Ms. Mridula Ray Bharadwaj, AOR

  • Mr. Annam D. N. Rao, AOR

• Ms. Shalu Sharma, AOR

• Mr. Somesh Chandra Jha, AOR

• Ms. Suruchii Aggarwal, AOR

• Mr. Ejaz Maqbool, AOR

• Mr. Vishnu Sharma, AOR

• Mr. Satyajeet Kumar, AOR

• Mr. Syed Mehdi Imam, AOR

• Mr. Prakash Ranjan Nayak, AOR

• Ms. Bharti Tyagi, AOR

	Ms. Anindita Pujari, AOR
--	--------------------------	--	--

Mr. Sibo Sankar Mishra, AOR

• Mr. Shakil Ahmed Syed, AOR
• Mr. G. N. Reddy, AOR
• Mr. Kaushik Choudhury, AOR
  • Mr. Abhinav Shrivastava, AOR
• Mr. Aakarshan Aditya, AOR
• Mr. Mushtaq Ahmad, AOR
• Mr. Shree Pal Singh, AOR
• Mr. Malak Manish Bhatt, AOR
  • Mr. Udita Singh, AOR
• Mr. Dhananjay Garg, AOR
• Mr. Brijesh Kumar Tamber, AOR
• Mr. Sanand Ramakrishnan, AOR
• Mr. Pawanshree Agrawal, AOR
• Mr. Nitish Massey, AOR
  • Mr. Somiran Sharma, AOR
• Ms. Vandana Sehgal, AOR
• Mr. Sureshan P., AOR
• Ms. Misha Rohatgi, AOR
• Mr. Rakesh Kumar-I, AOR
• Mr. Ajit Sharma, AOR
• Ms. Anisha Upadhyay, AOR
• Ms. Anannya Ghosh, AOR
• Ms. Veera Kaul Singh, AOR
  • Mr. Mohit D. Ram, AOR

M/s. V. Maheshwari & Co., AOR
Mr. Prem Prakash, AOR
Mr. K. Paari Vendhan, AOR
Mr. Tejaswi Kumar Pradhan, AOR
Mr. T. Mahipal, AOR
Ms. Atishi Dipankar, AOR
Ms. Praveena Gautam, AOR
Mr. Ashwarya Sinha, AOR
Mr. Umesh Kumar Khaitan, AOR
Mr. Vipin Kumar Jai, AOR
Mr. Raj Singh Rana, AOR
Ms. Indra Sawhney, AOR
Dr.<br>Nafis A. Siddiqui, AOR
Ms. Mona K. Rajvanshi, AOR
Ms. Pallavi Pratap, AOR
Mr. Sudhir Naagar, AOR
Mr. Purvish Jitendra Malkan, AOR
Mr. Vinay Arora, AOR
Mr. Anoop Prakash Awasthi, AOR
Mr. D. S. Chauhan, AOR
Ms. Sujata Kurdukar, AOR
Mr. Rajesh Mahale, AOR
Mr. Sumit Sinha, AOR
Mr. Somanatha Padhan, AOR

• Mr. Somanatha Padhan, AOR
• Mr. M. M. Kashyap, AOR

17

• Mr. Naveen Kumar, AOR
• Mr. Ashwani Bhardwaj, AOR
• Ms. Charu Ambwani, AOR
• Ms. Charu Mathur, AOR
• Mr. Kumar Mihir, AOR
• Mr. Rishi Matoliya, AOR
• Mr. Aneesh Mittal, AOR
• Mr. Kabir Dixit, AOR
• Mr. Sanchit Garga, AOR
• Mr. O.P. Gaggar, AOR
• Ms. Rashmi Singh, AOR
• Mr. Gaichangpou Gangmei, AOR
  • Mr. Neeraj Shekhar, AOR
  • Ms. Kamakshi S. Mehlwal, AOR
  • Mr. Sanjai Kumar Pathak, AOR
  • Mr. Gaurav, AOR
  • Mr. Smarhar Singh, AOR
  • Mr. Nikilesh Ramachandran, AOR
  • Mr. B. Krishna Prasad, AOR
  • Ms. Rajkumari Banju, AOR
  • Mr. M. T. George, AOR
  • Mr. Praveen Jain, AOR
  • Mr. Anil K. Chopra, AOR
  • Mr. S. R. Setia, AOR
  • Ms. Kirti Renu Mishra, AOR
  • Mr. Rajiv Raheja, AOR

M/s. Mitter & Mitter Co., AOR

Mr. Jay Kishor Singh, AOR

Mr. Binay Kumar Das, AOR

Ms. Rooh-e-hina Dua, AOR

Mr. Abdul Azeem Kalebudde, AOR

Mr. A.P. Mohanty, AOR

Mr. Sayaree Basu Mallik, AOR

Mr. Shovan Mishra, AOR

Mr. Bhargava V. Desai, AOR

Mr. Kaushik Poddar, AOR

Mr. E.C. Agrawala, AOR

Ms. Hemantika Wahi, AOR

Mr. A.N. Arora, AOR

Mr. Gaurav Goel, AOR

Mr. Gaurav, AOR

UPON hearing the counsel the Court made the following O R D E R

PART-I

RE: DE-TAGGING OF ITEM NOS.301.44 TO 301.69

Mr. Kavin Gulati, learned Senior Advocate submits that the instant petitions principally challenge the levy of External Development Charges imposed in respect of development of properties in State of Haryana. One of the submissions urged on behalf of the petitioners was seeking reduction in rate of interest for which purposes reliance was placed on the orders passed by this Court in Amrapali Group of matters.

Mr. Gulati submits that these matters are not connected with Amrapali Group of Matters and the reliance on the orders was only by way of drawing similarity.

Since the matters are totally unconnected with Amrapali Group of Matters, we de-tag these matters. The Registry is directed to list these matters before the appropriate Bench next week.

PART-II

NOTE SUBMITTED BY MR. R. VENKATARAMANI, COURT RECEIVER

A. RE: FUNDING PROPOSALS BY BANKS

Learned Receiver submits that because of acts of commission and omission on part of the erstwhile Management of the Amrapali Projects, some of the Banks are apprehensive and hesitant in lending their funds and that the taint attached to the Amrapali Projects is keeping said Banks away from getting themselves involved in funding and financing transactions.

We make it clear that whatever be the deeds of the erstwhile Amrapali Management, today all the assets of Amrapali Group of Companies vest in Court Receiver who is fully empowered to take appropriate decisions and initiate actions to see that all the stalled projects of Amrapali Group are completed and the flat buyers are given possession of their apartments.

In the circumstances, there is no room for any apprehension or hesitation and the Banks may consider any request or proposal made by learned Receiver for lending finances and funds on its own merits.

Needless to say that the Receiver assisted by the Committee will take all the decisions which will not only reduce the burden on the Group of flat buyers but will ensure completion of all the projects at the earliest.

B. STEPS REGARDING SALE OF SELECT SET OF PROPERTIES

Learned Receiver has given following suggestions:

• "i. It is in the knowledge of the Court that DRT has endeavored to sell various assets of Amrapali.

• ii. Following their engagement, MSTC has not only conducted fresh valuation and also three rounds of sale of properties. Few properties like corporate buildings have been sold as regards properties in the nature of lands, FARs, the responses and yields are not encouraging. With the help of NBCC and other sources engaged by the office of the Receiver, the market and the players in the field, who would be interested in purchasing such properties and have been analysed ,it appears that there is a need of for more realistic approach and combination of strategies. As already brought to the notice of the Court, the office of the Receiver has received proposals from reputed agencies, other than mere outright purchase of FARs. The terms of such proposals have been considered by the Receiver and the Committee. There is an in principle agreement on the need to consider such proposals.

• iii. As regards the FARs in silicon city and Princely estate projects, in addition to the auctions that MSTC may conduct as may be adviced by the committee it will be open to the interested parties to send their proposals concerning these two properties to the office of the Receiver, Such proposals may be sent on confidential basis.

• iv. Interested parties can either propose outright purchase of the above said FARs on certain terms or also propose any other mode of transfer of interest in the said properties namely a development agreement or a deferred sale agreement etc.

• v. Interested parties can do so within a period of two weeks from the date of the order.

• vi. The order shall be widely circulated through any media and also communicated through MSTC portals.

• vii. The Receiver and the committee shall evaluate the proposals and the proposal which may be considered beneficial and conducive to the execution of the Amrapali projects shall be submitted to the Court for further direction."

The suggestions made by the learned Receiver are fair and acceptable. If learned Receiver has received any proposals from reputed agencies, such proposals may also be considered in addition to modalities of auction, as suggested. The interested parties can either purchase the FAR on outright basis or propose any other modality which would sub-serve the interest of the home-buyers.

We, therefore, permit learned Receiver to receive any such proposals which may thereafter be evaluated. However, before taking any final decision in the matter, the Court shall be appraised of all the developments in that behalf.

PART-III

RE: STATUS REPORT FILED BY THE ENFORCEMENT DIRECTORATE

Mr. Sanjay Jain, learned Additional Solicitor General appearing for the Enforcement Directorate has submitted Status Report with regard to the investigation in respect of Mr. Prem Mishra and Associated Individuals/Companies/Entities.

The Status Report states that because of COVID-19 Pandemic Situation, some of the Noticees could not participate in the investigation process and, as such, it prays for extension of time by four weeks.

We accept the request and give further time of four weeks to the Enforcement Directorate.

Let the appropriate Status Report be filed on or before the 1st week of January 2021.

The present Status Report shall be re-sealed and kept in sealed cover till further orders.

Since the time for furnishing Status Report regarding Mr. Prem Mishra and Associated Individuals/Companies/Entities has been extended, all the matters concerning Mr. Prem Mishra and Associated Individuals/Companies/Entities stand adjourned to 11.01.2021.

List this matter for further consideration on 11.01.2021.

PART-IV

I.A. Nos.114869 OF 2020 (Vol. Z-321) and 114877 OF 2020 (Vol.Z-326)

These two applications are filed on behalf of the NOIDA Power Company Ltd. ("the Company", for short)

In IA No.114869 (Vol.Z-321), it is submitted that certain dues in respect of Precast Factory are still outstanding. However, the details of those dues are not forthcoming.

IA No.114877 (Vol.Z-326) pertains to various premises/projects of Amrapali Group of Companies situated in Greater NOIDA area.

Mr. Krishnan Venugopal, learned Senior Advocate appearing in support of the applications prays for and is granted a week's time to furnish all the details.

Whatever be the dues recoverable from various Amrapali Group of Companies, the Company shall provide Temporary Electricity Connection to NBCC so that all the construction related works can be undertaken without any difficulty. The NBCC shall be liable to pay for the electricity consumed by them under this temporary arrangement. However, no past dues shall be recovered from NBCC.

The modalities of recovery of past dues shall be considered at the appropriate stage.

PART-V

I.A. No.115285 OF 2020 (Vol.I-151)

This application has been moved on behalf of Mr. Anil Kumar Sharma, Chairman of Amrapali Group of Companies seeking clarification that all FIRs registered with Police Stations of different jurisdictions be transferred to "Economic Offences Wing, Delhi Police".

Since the FIRs have been registered by Ghaziabad/NOIDA/Greater NOIDA Police, let notice be issued to State of Uttar Pradesh, returnable on 18.01.2021.

Liberty is granted to serve the learned Standing Counsel for the State.

PART-VI

I.A. No.113859 OF 2020 (Vol.Z-320)

This application has been filed by Dr. Pradeep Tyagi submitting inter alia that he is willing to purchase Promhex Multi- Speciality Hospital, Greater NOIDA which is being run by Amrapali Group.

In keeping with the directions issued in the earlier part of the order, we permit the applicant to approach learned Court Receiver, who may take appropriate steps in the matter.

PART-VII

PURCHASE OF AMRAPALI CORPORATE TOWER BY MSTC

Mr. Gudipati G. Kashyap, learned Advocate representing MSTC submits that MSTC is interested in purchasing Amrapali Corporate Tower, Sector-62, NOIDA.

MSTC is at liberty to approach learned Receiver and if a proposal is made, learned Receiver shall do the needful in the matter.

PART-VIII

NOTE SUBMITTED BY MR. M.L. LAHOTY, ADVOCATE

A. RECOVERY OF MONEY FROM ROYALGOLF LINK CITY PROJECTS PRIVATE LIMITED (Vol.R-112)

Pursuant to the directions issued on the last occasion, affidavit in response (Vol.R-112) has been filed by M/s. Royalgolf Link City Projects Pvt. Ltd. ("Royalgolf", for short) furnishing certain details. According to the response, in connection with loan of Rs.48.52 crores, Royalgolf had paid interest @ 9% amounting to Rs. Rs.5.95 Crores for the period 2014-15 and 2015-16. Contemporaneously, amount of Rs.65 Lakhs deducted by way of TDS was also deposited with the concerned authority.

Page 115 of the response shows that the liability on part of Royalgolf has been calculated taking into account the interest element @ 12% per annum from 2017 onwards. In terms of said calculation, apart from Rs.48.52 Crores, which is the principal amount and already stands deposited in the Registry of this Court, the interest element amounts to Rs.21.52 Crores in respect of which time has been granted by this Court to Royalgolf upto 31.03.2021.

We have considered the rival submissions and in our view, since the interest element in respect of years 2014-15 and 2015-16 was already paid to M/s. Ultrahome and contemporaneously TDS was also deposited, at this stage, we will restrict the liability of Royalgolf in terms of page 115 of the response (Vol.R-112).

B. RECOVERY FROM SUREKHA FAMILY

Considering the nature of claims as well as the circumstances on record, in our view, assistance of Mr. Pavan Aggarwal, Forensic Auditor will be necessary while considering this issue.

At the request of the learned counsel appearing for Surekha Family, this matter already stands adjourned to 01.12.2020.

We request Mr. Pavan Aggrawal to remain present on the next occasion and assist the Court in resolving this issue.

C. RECOVERY OF Rs.912.72 CRORES FROM DIRECTORS, CFO CHANDER WADHWA & OTHERS

On 16.11.2020, after hearing learned counsel for the parties, following order was passed by this Court:

"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.

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."

The matter concerning Mr. Anil Kumar Sharma, Chairman of Amrapali Group of Companies is taken up.

Mr. Manoj Singh, learned counsel invites our attention to the Response (Vol.A-64) filed on behalf of Mr. Anil Kr. Sharma as well as the Objections (Vol.R-117) to the Note submitted by Mr. M.L. Lahoty, Advocate.

We have perused both the responses and do not find any particulars in support of the assertions made in the responses. However, instead of arriving at any conclusion, we direct that the matter regarding Mr. Anil Kr. Sharma and related individuals be considered in the following manner:

• (a) Copies of the Response (Vol.A-64) and the Objections (Vol.R-117) shall be forwarded to the learned Receiver;

• (b) Mr. Anil Kr. Sharma and related persons are entitled to put in additional responses, if any, within three days from today. If no response is filed within three days, it shall be deemed that no additional response is desired to be filed;

• (c) Learned Receiver assisted by the Forensic Auditors may grant personal hearing to Mr. Anil Kr. Sharma, related persons or their representatives on such date as the Receiver deems it appropriate;

• (d) In case the personal presence of Mr. Anil Kr. Sharma is considered necessary, learned Receiver is at liberty to make appropriate request on the next date of hearing to facilitate the presence and participation of said Mr. Anil Kumar Sharma;

• (e) After considering the responses on record or to be submitted hereafter, learned Receiver may make a Preliminary Report for the benefit of the Court whereafter the matter shall be finally considered by the Court.

PART-IX

I.A. Nos.183658, 183660 & 183661 OF 2019 (Vol.Z-247)

Mr. Gaurav Goel, learned Advocate representing Mr. Ajay Kumar submits that he be given liberty to circulate copies of his responses to the learned Receiver. Liberty granted.

Mr. Ajay Kumar shall also have three more days to submit additional responses, if any, on the terms indicated above.

PART-X

RELEASE OF PAYMENT TO THE FORENSIC AUDITORS

Learned Receiver submits that the Forensic Auditors have not been paid any remuneration since February 2020.

In the circumstances, by way of ad hoc arrangement, we direct release of Rs.5,00,000/- (Rupees Five Lakhs Only) to each of the Forensic Auditors.

Let the money be transmitted into the accounts of the Forensic Auditors within three days from today from Account No.02070210003121, UCO Bank, Supreme Court Branch.

PART-XI

All the remaining Interlocutory Applications are adjourned for two weeks.

COURT MASTER COURT MASTER BRANCH OFFICER

(INDU MARWAH) (MUKESH NASA) (PRADEEP KUMAR)