ITEM NO.301

COURT NO.2

SECTION X

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

<pre>Writ Petition(s)(Civil) No(s). 940/2017</pre>

BIKRAM CHATTERJI & ORS.

Petitioner(s)

VERSUS

UNION OF INDIA & ORS.

Respondent(s)

(IA No. 110402/2020 - APPLICATION FOR TAKING ON RECORD
IA No. 110027/2020 - APPLICATION FOR TAKING ON RECORD
IA No. 61654/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 33118/2022 - CLARIFICATION/DIRECTION
IA No. 170313/2021 - CLARIFICATION/DIRECTION
IA No. 57576/2022 - CLARIFICATION/DIRECTION
IA No. 189314/2019 - COMPLIANCE OF COURTS ORDER
IA No. 61655/2022 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 57672/2022 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 138752/2021 - EXEMPTION FROM FILING AFFIDAVIT<br>IA No. 170314/2021 - EXEMPTION FROM FILINGQAS O.T.
IA No. 61652/2022 - INTERVENTION APPLICATION
IA No. 170312/2021 - INTERVENTION APPLICATION
IA No. 138750/2021 - INTERVENTION APPLICATION
IA No. 57575/2022 - INTERVENTION APPLICATION
IA No. 47162/2022 - INTERVENTION/IMPLEADMENT
IA No. 47165/2022 - PERMISSION TO APPEAR AND ARGUE IN PERSON
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)
<b>WITH</b>
W.P.(C) No. 245/2018 (X)
W.P.(C) No. 306/2018 (X)
W.P.(C) No. 502/2019 (X)
Diary No(s). 36392/2019 (X)
SLP(C) No. 1879/2018 (XVII)
Signature $\mathbb{C}$ (Cr1) No. 4/2018 (XVII)<br>Digitally signed b<br>Indu Marwab
Date: 2022.05.18<br>18:23.16 $\frac{1}{8}$ P. (C) NO. 378/2018 (X)
W.P.(C) No. 298/2018 (X)
CONMT.PET.(C) No. 483/2020 in W.P.(C) No. 940/2017 (X)

• W.P.(C) No. 288/2018 (X)

• W.P.(C) No. 1397/2018 (X)

• W.P.(C) No. 246/2018 (X)

• W.P.(C) No. 226/2018 (X)

• W.P.(C) No. 267/2018 (X)

• W.P.(C) No. 1018/2017 (X)

• W.P.(C) No. 353/2018 (X)

• W.P.(C) No. 460/2018 (X)

• W.P.(C) No. 829/2018 (X)

• W.P.(C) No. 742/2018 (X)

• W.P.(C) No. 199/2018 (X)

• W.P.(C) No. 134/2018 (X)

• W.P.(C) No. 164/2018 (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. 56/2018 (X)

• W.P.(C) No. 57/2018 (X)

• W.P.(C) No. 74/2018 (X)

• W.P.(C) No. 131/2018 (X)

• W.P.(C) No. 182/2018 (X)

• W.P.(C) No. 942/2017 (PIL-W)

• 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. 160/2018 (X)

Date : 17-05-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MS. JUSTICE BELA M. TRIVEDI

For Petitioner(s) Counsel for the Parties:

Mr. R. Venkataramani, Sr. Adv. 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. Pranab Kumar Nayak, Adv. Mr. Himanshu Shekhar, AOR

Mr. Sanjay Jain, ASG Mr. Arkaj Kumar, Adv. Mr.Anukalp Jain, Adv Mr. Nishank Tripathi, Adv. Ms. Harshita Sukhija, Adv. Mr. A K Sharma, AOR Mr. Vikramjit Banerjee, ASG Ms. V. Mohana, Sr. Adv.

• Mr. Nachiketa Joshi, Adv.
• Mr. Prashant Singh, Adv.
• Mr. Mukul Singh, Adv.
• Mr. Chetan Joshi, Adv.
• Mr. Sughosh Subramanyam, Adv.

Mr. Arvind Kumar Sharma, AOR Mr. Vikramjit Banerjee, ASG Mr. Gurmeet Singh Makker, AOR Mr. Mukul Singh, Adv. Mr. Vibhu Shankar Mishra, Adv. Mr. Sugosh Subramaniam, Adv. Mr. Manish, Adv. Mr. R.D. Singh, Adv Mr. Mani Shankar Mishra, Adv. Mr. VikramJeet Banerjee(LD. ASG) Mr. Nachiketa Joshi (A) Mr. Mohammad Akhil (A) Mr. Sughosh Subramanyam (A) Mr. Vikramjit Banerjee, ASG Ms. V. Mohana, Sr. Adv. Mr. Prashant Singh, Adv. Mr. Nachiketa Joshi (A) Mr. Sughosh Subramanyam, Adv. Mr. R.R. Rajesh, Adv. Mr. Raj Bahadur Yadav, AOR Mr. Vikramjit Banerji, ASG Mr. Sanjay Jain, ASG Mr. Mukesh Kumar Maroria, AOR Mr. Mukul Singh, Adv. Mr. Prashant Singh, Adv. Ms. Preeti Rani, Adv. Mr. Mohd. Akhil Adv. Mr. Vikramjit Banerjee, ASG Mr. Mukul Singh, Adv. Mr. Vikrant Yadav, Adv. Mr. Vibhu Shankar Mishra, Adv. Mr. R.R. Rajesh, Adv. Mr. Amrish Kumar, AOR Ms. Madhavi Divan, ASG Ms. Komal Mundhra, Adv. Mr. Saurabh Agrawal, Adv. Mr. Shantanu Singh, Adv. Ms. Shipra Jain, Adv. Mr. Pai Amit, Adv. on Record Mr. Naveen R. Rath, Sr. Adv. Mr. Anuj Kapoor, AOR Ms. Lalit Mohini Bhat, Adv. Mr. Om Prakash Shukla, Adv. Mr. Yajur Sharma, Adv.

Ms. Garima Prashad, Snr adv/ AAG Ms. Ruchira Goel, AoR Mr. Abhitosh Pratap Singh, Adv. Mr. Brijender Chahar, Advocate, Mr. Aditya Jain-1, AOR Mr. Manoj Singh, Adv. Mr. Sanjay Kumar Visen, AOR Ms. Babita Mishra, Adv. Mr. Abhay Singh, Adv. Ms. Ritu Rastogi, Adv. Mr. Manoj Singh, Advocate Mr. Sanjay Kumar Visen, AOR Mr. Navin Gupta Advocate Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Ms. Shubhara Kapur, Adv. Mr. Lalit Rajput, Adv. Mr. Divyakant Lahoti, AOR Mr. Parikshit Ahuja, Adv. Ms. Praveena Bisht, Adv. Ms. Madhur Jhavar, Adv. Ms. Vindhya Mehra, Adv. Mr. Kartik Lahoti, Adv. Ms. Shivangi Malhotra, Adv. Mr. Shashank Garg, Adv. Mr. Kaushal Yadav, AOR Mr. Pramod Kumar, Adv. Mr. Nandlal Kumar Mishra, Adv. Mr. Shafik Ahmed, Adv. Mr. Vivekanand Rana Adv. Mr. Ashish Bhan, Adv. Mr. Ketan Gaur, Adv. Mr. Ayush Mitruka, Adv. Mr. Ashish Bhan, Advocate Mr. Kaustub Narendran, Adv. Mr. Mahinder Singh Hura, Adv. Mr. Pushpendra S. Bhadoriya, Adv. Mr. Divjot Singh Bhatia, Adv. Mr. Saif Ali, Advocate Mr. Jasmeet Singh, AOR Mr. Rakesh Kumar Tewari, Adv Mr. Vivek Kumar Pandey, Adv. Mr. Krishna Kant Dubey, Adv.

Ms. Shuchi Singh, Adv. Mr. Sanjay Kumar Dubey, AOR Mr. Jainendra Kumar, Adv. Mr. Aman Kumar, Adv Mr. Pankaj Singh, Adv. Ms. Ranjana Singh, Adv. Ms. E. R. Sumathy, AOR Ms. Savita Aggarwal, Adv. Ms. S. Spandana Reddy, Adv. Mr. Nishant Bhardwaj, Adv. Ms. Richa Kapoor, AOR Mr. Kunal Anand, Adv. Ms. Aishwarya Mishra, Adv. Mr. Prateek Bhandari, Adv. Ms. Shivani Sharma, Adv. Ms. Jyoti Zongluju,, Adv. Ms. Saloni Mahajan, Adv. Mr. Sandesh Kumar, Adv. Mr. Abhigya Kushwah, AOR Mr. Siddharth Rajkumar Murarka, Adv. Ms. Sunita Yadav, Adv. Mr. Pradeep Kumar Dubey, Adv. Ms. Anamika Kushwaha, Adv. Mr. Manoj Kumar, Adv. Mr. Shashank Shekhar, Adv. Mr. Virender Arora, Adv. Mr. Bishwajit Dubey, Adv. Ms. Srideepa Bhattacharyya, Adv. Ms. Aishwarya Gupta, Adv. Mr. Manpreet Lamba, Adv. M/s. Cyril Amarchand Mangaldas, AOR Mr. Sunil Fernandes, AOR Ms. Anindita Roy Chowdhury, Adv. Ms. Urvashi Mishra, Adv. Ms. Nupur Kumar, Adv. Mr. Manish Raghav, Adv. Mr. Rohit Gour, Adv. Mr. Vivek Sharma, Adv. Ms. Rachana Sharma, Adv. Mr. Manoj Tomer, Adv. Mr. Satyajit A. Desai, Adv. Mr. Satya Kam Sharma, Adv. Mr. Siddharth Gautam, Adv. Mr. Deb Deepa Majumdar, Adv. Ms. Anagha S. Desai, AOR

Mr. Pradeep Misra, AOR Mr. Daleep Dhyani, Adv. Mr. Suraj Singh, Adv. Mr. Ajay Bansal, Adv. Mr. Gaurav Yadava, Adv. Ms. Veena Bansal, Adv. Mr. Kuldip Singh, AOR Mr. Syed Mehdi Imam, AOR Mohd. Parvez Dabas, Adv. Mr. Uzmi Jameel Husain, Adv. Mr. Pulkit Chandna, Adv. Ms. Arti Singh, AOR Mr. Aakashdeep Singh Roda, Adv. Mr. Basant Pal Singh, Adv. Ms. Pooja Singh, Adv. Mr. Niraj Shah, Adv. Ms. Payal Murarka Chauhan, Adv. Mr. Siddharth Rajkumar Murarka, AOR Mr. Angad Singh, Adv. Ms. Jasmine Damkewala, AOR Mr. Pallav Mongia, AOR Ms. Vaishali Sharma, Adv. Mr. Dinesh Chander Trehan, Adv. Mr. Ashok Kumar Singh, Adv. Mr. Shantwanu Singh, AOR Ms. Pragya Singh, Adv. Mr. Bhakti Vardhan Singh, AOR Mr. Rajesh Kumar, Adv. Mr. Soumya Ranjan Paikray, Adv. Mr. Ramesh Babu M. R., AOR Ms. Manisha Singh, Adv. Ms. Nisha Sharma, Adv. Ms. Tanya Chowdhary, Adv. Mr. Akash Swami, Adv. Mr. Pawan Kr. Sharma, Adv. Dr. Amardeep Gaur, Adv. M/s. V. Maheshwari & Co., AOR Mr. Vivek Narayan Sharma, AOR Mr. Tushar Kumar, Adv.

Ms. Mahima Bhardwaj, Adv. Mr. Rajeev Kumar Jha, Adv. Mr. Pranshu Kaushal, Adv. Mr. Shubham Awasthi, Adv. MR. ADITYA MANUBARWALA, ADV Mr. Balaji Srinivasan, AOR Mr. Alok Kumar, Adv. Mr. Manan Gambhir Adv. Mr. Nikil Malhotra Adv. Ms. Garima Soni Adv. Mr. Tushar Singh, AOR Ms. Hima Bhardwaj, Adv. Mr. Dhruv Chawla, Adv. Ms. Pankhuri, Adv. Mr. M. T. George, AOR Ms. Susy Abrahm, Adv. Mr. Johns George, Adv. Mr. Mohit Chaudhary, Adv. Ms. Puja Sharma, Adv. Mr. Kunal Sachdeva, Adv. Mr. Chowdhary Zulfkar Ali, Adv. Mr. Balwinder Singh Suri, Adv. . Ms. Mahima Ahuja, Adv. Mr. Parveen Kumar, Adv. M/s. Kings & Alliance LLP, AOR Mr. A. P. Mohanty, AOR Mr. K.K. Singh, Adv. Ms. Vijay Lakshmi, Adv. Mr. Kislay Kumar, Adv. Ms. Vishrutyi Sahni, Adv. Mr. Dheeraj Nair, AOR Mr. Rohit Kumar Singh, AOR Mr. Rahul Kumar Gupta, Adv. Ms. Chandni Arora, Adv. Mr. Shubham V. Gawande, Adv. Mr. Ashok Kumar Singh, AOR Mr. Shantwanu Singh, Adv. Ms. Pragya Singh, Adv. Mr. Satish Pandey, AOR Mr. Salim Ansari, Adv Mr. Akbar Ali, Adv Mr. Rajesh Pandey, Adv Mr. Abhinav Shrivastava, AOR

Dr. Sasmit Patra, Adv. Mr. Rahul Gupta, Adv. Mr. Shivang Rawat, Adv. Mr. Ravindra Kumar,Sr. Adv. Mr. Binay Kumar Das, AOR Ms. Priyanka Das, Adv. Ms. Neha Das, Adv. Mr. Yajur Bhalla, Adv. Mr. Vijay Kumar Diwedi, Adv. Mr. Akhilesh Kumar Pandey, Adv. Mr. Ashish Vajpayee, Adv. Mr. Deepak Samota, Adv. Mr. Shubham Bhalla, AOR Mr. Pradhuman Gohil, Adv. Ms. Taruna Singh Gohil, AOR Mr. Ashish Kabra, Adv. Mohammad Kamran, Adv. Ms. Ranu Purohit, Adv. Mr. R. Vishnu Kumar, Adv. Mr. Alapati Sahithya Krishna, Adv. Mr. Shiv Kumar Pandey, Adv. Mr. Awanish Kumar, Adv. Mr. Anshul Rai, Adv. M/s. Dharmaprabhas Law Associates, AOR Mr. Janender Kumar Chumbak, Adv. Ms. Radhika, Adv. Ms. Amita Singh Kalkal, AOR Mr. Rishi K. Awasthi, Adv. Mr. Prashant Kumar, Adv. Ms. Ritu Arora, Adv. Mr. Piyush Vatsa, Adv. Mr. Sameer Rai, Adv. Mr. Avinash Ankit, Adv. Mr. Santosh Kumar-I, AOR Mr. Aditya Nayyar Advocate Mrs. Farhat Jahan Rehmani AOR Ms. Sangeeta Singh, AOR Ms. Priyanka Swami, Adv. Ms. Shobha Gupta, AOR Mr. Nishant Bahuguna, Adv. Mr. Rajendra Kumar Panigrahi , Adv. Ms. Jessy Kurien, Adv. Mr. Vidit Agarwal, Adv. Mr. Shubham Jalan, Adv. Ms. Prachi Sharma, Adv.

Ms. Sakshi Tiwari, Adv. Mr. Shovan Mishra, AOR Ms. Bipasa Tripathy, Adv. Ms. Sujata Kumari Muni, Adv. Mr. Rakesh Khanna, Sr. Adv. Mr. P.N. Mishra, Sr. Adv. Mr. Niraj Gupta, AOR Mr. Fuzail Khan, Adv. Ms. Anshu Gupta, Adv. Mr. Rajesh P., AOR Mr. Rahul Malhotra, Adv. Ms. Himanshi Madan, Adv. Ms. Mayuri Raghuvanshi, AOR Mr. Vyom Raghuvanshi, Adv. Ms. Purvat Wali, Adv. Dr. Vijendra Mahiyandiyan, Adv. Mr. Deepak Goel, AOR Ms. Pallavi Awasthi Adv Mr. Chaman Rana Adv Ms. Baby Devi Bonia Adv Mr. Vaibhav Luthra, Adv. Mr. Mithu Jain, AOR Mr. Shreyan Das, Adv. Mr. Rajiv Lochan, Adv. Mr. Prithvi Pal, AOR Mr. Naresh Kumar Nagar, Adv. Mr. Sanveer Mehlwal, Adv. Ms. Geetanjali Mehlwal, Adv. Mr. Mohit Yadav, Adv. Ms. Kamakshi S. Mehlwal, AOR Mr. Imran Khan, Adv. Mr. Ashoka Kumar Thakur, Adv. Mr. Anil K. Chopra, AOR Mr. Natwar Rai, Adv. Mr. Krishna Kumar, Adv. Ms. Nandini Gupta, Adv. Dr. (Ms.) Vipin Gupta, Adv. Mr. Ritin Rai, Senior Advocate Mr. Anuj P. Agarwala, Advocate Mr. Aayush Agarwala, Adv. Mr. PBA Legal, AOR

Mr. Rajeev Kumar Dubey, Adv. Mr. Sanjay Jain, Adv. Mr. Ashiwan Mishra, Adv. Mr. Kamlendra Mishra, AOR Mr. A.C.Mishra (Adv) Mr. Niteen Kumar Sinha (Adv) Ms. Reetu Saipawar (Adv) Ms. Elana Salim (Adv) Mr. Ram Naresh (Adv) M/s ACM Legal (AOR) Mr. Vijay Kumar, Sr. Adv. Mr. Rajiv Kumar, AOR Mr. Sanjeev Gupta, Adv. Ms Aruna Gupta AOR Mr Ramesh Allanki, Adv Mr. Syed Ahmad, Adv. Mr. Uddyam Mukherjee, AOR Ms. Madhurika Ray, Adv. Mr. Pramod Sharma, Adv. Mr. Bhuwan Raj, AOR Mr. Awanish Sinha, AOR Mr. Chandra Shekhar Yadav, Adv. Mr. Kaushal Kishore, Adv Mr. Devendra singh, AOR Mr. Devendra Kumar Singh, Adv. Mr. Karunakar Mahalik, AOR Mr. Saket Singh, Adv. Ms. Sangeeta Singh, Adv. Ms. Somyashree, Adv. Ms. Niranjana Singh, AOR(Bihar) Mr. Manjeet Singh Rathor, Adv. Mr. Vikas Jain, AOR Ms. Smita Pandey, Adv. Mr.Narendra Kr. Verma, Adv. Kumar Shashank, Adv. Ms. Tatini Basu, AOR Mr. Shashank Singh, Adv. Mr. Kabir Dixit, AOR

Ms. Prerna Mehta, AOR Mr. Naresh Aditya Madhav, Adv. Mr. Jamnesh Kumar, Adv. Mr. Himanshu Shekhar, AOR Mr. Arpit Rai, Adv. Mr. Aviral Kashyap, AOR Mr. Ashutosh Shukla, Adv. Ms. Tanuj Bagga Sharma, AOR Suman Tripathy, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Abraham C. Mathews, Adv. Mr. Mohammed Sadique T.A., AOR Dr. Ritu Bhardwaj, Adv. Mr. Naresh Kumar, AOR Mr. N.P. Singh, Advocate. Dr. Kedar Nath Tripathy, AOR Mr. Raghunath Pathak, Adv. Mr. Vijay Verma, Adv. F Mr Tarun Diwan Adv Mr. Sumit Kumar, AOR Mr. Rajesh Pathak Advocate Ms. Kumari Supriya Adv Mr Hemant Kumar Adv Ms Pari Adv. Mr. Ajit Kumar Sinha Sr. Advocate Mr. Parul Dhurve, Adv. Mr. Omanakuttan K.K., AOR Mr. Deepak Prakash, Advocate on Record Mr. Pawan Kr. Dabas, Advocate Mr. Subhash Choudhary, Advocate Mr. Nachiketa Vajpayee, Advocate Ms. Divyangna Malik, Advocate Mr. Vaijayant Khanna, Advocate Ms. Vishnu Priya, Advocate Mr. Rachit Mittal, Adv. Ms. Pooja Kapur, Adv Mr. Sudhir Naagar, AOR Mr. V. Giri, Sr. Adv Mr. Amith Krishnan, Adv Ms. Anushruti, Adv

Ms. Simran Arora, Adv Mr. Subhash Choudhary, Adv Mr. Raj Duggal, Adv. Ms. Udita Singh, AOR Mr. B.S. Waghmare, Adv. Mr. Hitesh Kr. Sharma, Adv Mr. S.K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Mr. Subhash S. Kadam, Adv. Mr. Ranjit Kumar Sharma, AOR Mr. Rajul Shrivastav, Adv. Ms. Monisha Handa, Adv. Mr. Mohit D. Ram, AOR Mr. Brijesh Kumar Tamber, AOR Mr. Yashu Rustagi, Advocate Mr. Yogesh Sharma, Adv. Mr. Utkarsh Singh , Adv. Mr. Sureshan P., AOR Mr. Rohit Sharma, Advocate Mr. Rounak Nayak, Advocate Ms. Arju Chaudhary, Adv. (Kumar Dushyant Singh) AOR ( HUDCO) ` Mr. Jay Kishor Singh, Adv.-in-person Mr. Chakresh Jain Mr. Joginder Singh, Petitioner-in-person Mr. Parag Tripathi Sr Adv Mr. Joy Basu Sr Adv Mr. Kanak Bose Adv Mr. Varun Sarin Adv Ms. Mishika Bajpai Adv Mr. Ashok Mathur, AOR Ms. T. Archana, AOR Mr.Divyesh Pratap Singh AOR Mr. Rajat Mittal, AOR M/s. Devasa & Co., AOR Mr. O. P. Gaggar, AOR Mr. Dharmendra Kumar Sinha, AOR Mr. G. Balaji, AOR

• Mr. Aniruddha P. Mayee, AOR
• Mr. Gaurav Goel, AOR
• Mr. Akhilesh Kumar Pandey, AOR
• Ms. Rakhi Ray, AOR
• Mr. Badri Prasad Singh, AOR
• Ms. Sayaree Basu Mallik, AOR
• Mr. Shishir Pinaki, AOR
• Ms. Pallavi Pratap, AOR
  • Mr. Raj Kamal, AOR
  • Mr. Amit Pawan, AOR
  • Mr. Kumar Mihir, AOR
  • Mr. Sukant Vikram, AOR
  • Mr. Manish Kumar Saran, AOR
  • Mr. Kailash Prashad Pandey, AOR
  • Mr. Abdul Azeem Kalebudde, AOR
  • Mr. Shadan Farasat, AOR
  • Mr. Gopal Jha, AOR
• Mr. Abhijit Sengupta, AOR
• Mr. Rabin Majumder, AOR
  • Mr. Rajesh Kumar Gupta, AOR
• Mr. B. Krishna Prasad, AOR
• Mr. Siddhartha Jha, AOR
• Ms. Rajkumari Banju, AOR
  • Mr. Sonal Jain, AOR
• Mr. K. Paari Vendhan, AOR
  • Ms. Sujata Kurdukar, AOR

Mr. Sanjai Kumar Pathak, AOR
Mr. Ajit Sharma, AOR
M/s. Shakil Ahmad Syed, AOR
Ms. Mona K. Rajvanshi, AOR
Mr. Somesh Chandra Jha, AOR
Ms. Kirti Renu Mishra, AOR
Ms. Shilpa Liza George, AOR
Ms. Dharitry Phookan, AOR
Ms. Astha Sharma, AOR
Ms. Anannya Ghosh, AOR
Mr. S. K. Verma, AOR
Mr. Somanatha Padhan, AOR
Mr. Aakarshan Aditya, AOR
Mr. Christopher Dsouza, AOR
Mr. Vishal Gupta, AOR
M/s. D.S.K. Legal, AOR
Mr. Vishnu Sharma, AOR
Mr. Pawanshree Agrawal, AOR
Mr. Ashwarya Sinha, AOR
Mr. Vipin Kumar Jai, AOR
Ms. Mridula Ray Bharadwaj, AOR
Mr. B. K. Satija, AOR
Mr. G. N. Reddy, AOR
Mr. Gaurav, AOR
Mr. Mishra Saurabh, AOR

Mr. D. S. Chauhan, AOR

Mr. Rishi Matoliya, AOR
Mr. Chandan Kumar, AOR
Mr. T. Mahipal, AOR
Ms. Chandan Ramamurthi, AOR
Mr. Chandra Prakash, AOR
Ms. Anindita Pujari, AOR
Mr. Sarvam Ritam Khare, AOR
Mr. Aneesh Mittal, AOR
Mr. Ravindra Sadanand Chingale, AOR
Ms. Bharti Tyagi, AOR
Ms. Suruchii Aggarwal, AOR
Mr. Anas Tanwir, AOR
Mr. Sumit Sinha, AOR
Mr. Praveen Chaturvedi, AOR
Mr. Kaushik Choudhury, AOR
Mr. Ritesh Agrawal, AOR
Mr. Mushtaq Ahmad, AOR
Ms. Sneha Kalita, AOR
Ms. Charu Ambwani, AOR
Ms. Indra Sawhney, AOR
Mr. Malak Manish Bhatt, AOR
Mr. Kumar Sudeep, AOR
Ms. Anubha Agrawal, AOR
Mr. Aman Gupta, AOR
Mr. Alok Tripathi, AOR
Mr. Anil Kumar Mishra-I, AOR

Mr. E. C. Vidya Sagar, AOR Ms. Anisha Upadhyay, AOR Mr. Tahir Ashraf Siddiqui, AOR Mr. Somiran Sharma, AOR Mr. Avi Tandon, Advocate Ms. Meghna Tandon, Advocate Mr. Rohit Amit Sthalekar, AOR Ms. Swarupama Chaturvedi, AOR Mr. Umesh Kumar Khaitan, AOR Ms. Charu Mathur, AOR M/s. Karanjawala & Co., AOR Mr. Ejaz Maqbool, AOR Mr. Sanchit Garga, AOR Ms. Rashmi Singh, AOR Mr. Pramod Dayal, AOR Ms. Manisha Ambwani, AOR Ms. Vandana Sehgal, AOR Ms. Divya Roy, AOR Mr. Anoop Prakash Awasthi, AOR Mr. Rahul Joshi, AOR

Mr. Prateek K. Chadha, AOR

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

Considering the large number of interim applications which are still lying undecided, this Bench will make itself available on 11.07.2022 to 13.07.2022 at 2.00 P.M. so that most of the I.As. can be listed and taken up.

PART-I

Re.: MATTERS CONCERNING SUREKHA FAMILY

[IA No127787 of 2019 – For Recall of Order dated 23.07.2019 (Vol. No.I-85); IA No.127793 of 2019 – For Recall of Order dated 23.07.2019 (Vol. No.I-86); IA No.189314 of 2019 – Application on behalf of Surekha Family (Vol. No.I-103); IA No.60700 of 2020 – For placing on record documents on behalf of Surekha Family (Vol. No.I-119); , IA No.110027 of 2020 – For placing on record affidavit dated 02.05.2019; (Vol. No.I-149); IA No.110402 of 2020 – For placing on record additional document (Vol. No.I-150); and, Document Vol. No.R-64 – Reply on behalf of Surekha Family to IA No.50370 of 2020; Document Vol No.R-71 –Objection on behalf of Surekha Group; Document Vol No.R-101 – Convenience Note-I; Document Vol No.R-102 – Convenience Note-2; Document Vol No.R- 143 – Convenience Note Vol.-I dated 04.01.2021; Document Vol No.R-144 – Convenience Note Vol.-2 dated 04.01.2021; and, Document Vol No.R-170 – Affidavit on behalf of Surekha Group]

Matters concerning Surekha family which were listed for disposal on 09.05.2022, could not be taken up on that date.

After hearing learned counsel, we list these matters for disposal on 11.07.2022 at 2.00 P.M. as first item on Board.

Mr. Sanjay Jain, learned ASG appearing for Enforcement Directorate prays for and is granted time to place on record Status Report in connection with all Surekha Family matters. Let the report be sent in a sealed cover.

PART – II

Re.: I.A. No.45439 of 2021 – For Directions (Vol. No.I-169); and, Document Vol. No.R-165 (concerning M/s. Mahagun Real Estate Pvt. Ltd.) - [Disposed of matter]

Mr. Parag Tripathi and Mr. Joy Basu, learned Senior Advocates appearing for M/s. Mahagun Real Estate Pvt. Ltd. have reiterated their submissions which were recorded in the order dated 25.04.2022.

Learned Court Receiver submits that consortium of banks having advanced sizeable amount of money to NBCC, the immediate requirements of NBCC are taken care of. He further submits that from the available finances, the money can now be made over to NOIDA.

He submits that substantial amount of money has also been recovered, as a result of sale of certain properties and by the time Court reopens after Summer Vacation, some part of the outstanding will certainly be made over to NOIDA.

Mr. Tripathi submits that the lease deed has already been executed on 08.10.2021 but NOIDA has not been issuing "no dues" certificate, since the dues of NOIDA are not made over by the Registry of this Court.

Since the assurance has been given by learned Court Receiver, we direct NOIDA Authority to issue appropriate 'No dues' certificate so that next stages in the development can be undertaken.

PART – III

SALE OF UNUSED FAR OF PRINCELY ESTATE

The matter was considered on 18.04.2022 and learned Court Receiver was requested to place his submissions with regard to the subject.

In his Note dated 08.05.2022, learned Court Receiver has submitted that after the order dated 18.04.2022, no response has been received from NOIDA. In Annexure A-2 to the Note dated 17.04.2022, the matter was placed as under:

"111. In view of the above mentioned issued two options were explored during the several rounds of talks & meetings with regard to the approval of plans/layouts of the purchase FAR.

1. Revision of Existing layout plan of Princely Estate with the auctioned FAR.

2. Separation of Plot with auctioned FAR.

During the meetings it was discussed that if we proceed with option 01 i.e., Revision of Existing layout plan of Princely Estate with the auctioned FAR, the challenges mentioned above at points (a) to (f) will exist. After multiple discussions, the problems could not be resolved.

In the recent meeting held on 06th April, 2022 in the process of CEO and other officials of NOIDA Authority, my Office, NBCC and Solid Properties Pvt. Ltd. it was mutually agreed to go with option 02 i.e., Separation of Plot with auctioned FAR."

Learned Court Receiver submits that the matter was discussed with office bearers and option No.2 i.e., separation of plot with auctioned FAR was found to be the appropriate modality.

Mr. Ravindra Kumar, learned Senior Advocate appearing for NOIDA prays for some time to place the version of NOIDA on record, whereas learned Court Receiver submits that the matter was already discussed with office bearers. He however submits that if at all, there can be one more round of discussion whereafter the matter can be placed before this Court.

In the circumstances, we adjourn this issue for the present.

PART IV

Re.: I.A. No. 12572 OF 2022 (Vol. No.I-185) and I.A. No.31467 of 2022 (Vol. No.Z-386) – Applications on behalf of M/s. La Residentia Developers Private Limited.

At the request of the learned counsel for the parties, list for consideration on 20.05.2022 at 2.00 P.M.

PART V

Re.: IA Nos.109596 & 109599 of 2020 (Vol. Nos.Z-301 & R-116); I.A. No.109573 of 2020 (Vol.No. Z-302); I.A. No.111339 of 2020 (Vol.No. Z-313); I.A. No.111515 of 2020 (Vol.No.Z-312); and Document Vol. No.R-141)

Mr. P.N. Misra, learned Senior Advocate submits that these matters were taken up on 05.03.2021 and have not been listed thereafter. He submits that the entire issue can be looked into by the Forensic Auditors.

Mr. Pavan Aggarwal, learned Forensic Auditor has accepted to go into the issues and to submit an appropriate Report.

Mr. Manoj Singh, learned Advocate appearing for Amrapali Group of Companies submits that he be given an opportunity to place submissions in writing before the learned Forensic Auditors so that most of the factual issues can be sorted out.

It is open to the learned Forensic Auditors to associate Mr. Manoj Singh, learned Advocate with the exercise.

List for consideration on 18.07.2022. Let copy of the report submitted by the Forensic Auditors be given to the concerned parties.

PART VI

(MOVIE HALL MEERUT), OLD CINEMA HALL, MENKA CINEMA, NEAR GHANTAGHAR, MEERUT, U.P.

According to the Note submitted by learned Court Receiver, the response received from the District Magistrate, Meerut discloses that there would be no problem in taking over possession of said property. But the report further states that there is likelihood of some law-and-order issues if possession is taken over.

Ms. Garima Prashad, learned Senior Advocate who appears for the State of U.P. has agreed that every possible assistance shall be rendered in taking over of possession.

The Receiver may send a communication to the District Magistrate and the District Superintendent of Police, whereafter all possible assistance shall be extended to the team of Court Receiver and possession of old Cinema Hall, Menka Cinema, Near Ghantaghar, Meerut shall be given to the Court Receiver.

List for compliance on 11.07.2022.

PART VII

SALE OF RESORT LAND AT UDAIPUR

This matter was adjourned on last few occasions. Learned Court Receiver in his Note has submitted that the Committee appointed by the Receiver has gone into the matter and has decided to clear the dues of Urban Improvement Trust, Udaipur ('UIT', for short) to the tune of Rs.4,82,81,509/- by June, 2022. The Statement is recorded.

After the clearance of the dues, the requisite steps shall be undertaken by UIT, Udaipur.

PART VIII

I.A. FILED ON BEHALF OF MOONBUILDTECH PVT. LTD.

Mr. Anchit Sripat, learned Advocate appearing for Moonbuildtech Pvt. Ltd. ('Moonbuildtech', for short) submits that Mr. Lahoty has left the Court for some personal reasons. At his request, we adjourn the matter on 13.07.2022.

Mr. Manoj Singh, learned Advocate appearing for M/s. Amrapali Group of Companies submits that as against the dues of Rs.5.77 crores, M/s. Amrapali Group of Companies have already made over a sum of Rs.6.5 crores to M/s. Moonbuildtech.

Learned Court Receiver to look into the matter and submit a report on the next occasion.

List for consideration on 13.07.2022.

PART IX

Re: NOTE ON VARIOUS COSTS AND EXPENSES CLAIMED BY SWAMIAH FUND

Learned Court Receiver submits that as against the sanctioned sum of Rs.650 crores, SBI CAP through Swamiah Fund has already released a sum of Rs.195 crores. However, SBI caps (Swamiah Fund) has claimed certain costs and expenses for services rendered by some of the parties towards consultancy, advisory and professional court appearance charges and legal services which aggregate to a sum of Rs.4.2 crores which together with GST element will amount to Rs.4.96 crores.

Since these are professional charges claimed by certain entities – professionals, we give liberty to learned Court Receiver to request SBI Caps (Swamiah Fund), to scale down the charges, so that the burden on the flat buyers would get reduced.

PART X

Certain additional directions have been sought by learned Court Receiver in his Note dated 08.05.2022, one of them being for sufficient protection and insulation against the standard clauses and terms insisted upon while extending financial accommodation/loans.

It is prayed that following directions be passed by this Court with regard to funding arrangements entered into with the Consortium of seven banks:

2.1.1 The transaction documents with Consortium Banks for obtaining term loan and terms mentioned therein, shall be subject to orders of the Hon'ble Court. The Court Receiver/ASPIRE will have liberty to seek suitable direction in case of difficulties faced in the compliance of any terms of the Transaction documents, pending which no adverse action shall be taken by the lender banks, Lead Bank of other parties to the transaction documents. All compliances under the Transaction Documents shall abide by directions that may be solicited from and issued by this Hon'ble Court.

2.1.2 The Memorandum of Entry, recording such deposit of title deeds for the purpose of mortgage, is hereby recognized and affirmed as a valid and enforceable mortgage in favour of the lenders. Further, the other security(ies) created in respect of the Term Loans are also affirmed and approved.

2.1.3 Court Receiver shall have the authority to cancel the allotment of such units, where the homebuyers fails to honour payments, as per the Collection Milestones (stipulated and posted on the website of the Court Receiver), within three months or any such grace period as decided by the Committee from the day such payment became due. Refund on any cancellation of units sold shall be made only after the respective Project(s) are completed and upon the sale of the cancelled unit. The refund to be made to the homebuyer will be the amount which has been deposited as per the Forensic Auditors report without any interest against that unit subject to submission of proof of payment.

2.1.4 Registration under the Real Estate (Regulation and Development) Act, 2016 ("RERA") shall not be required for these funded Project(s), including for sales and marketing."

Similarly, certain directions with respect to ASPIRE, the Directors and Office of the Court Receiver have also been prayed for "3.1 to7":

"3.1 Any liabilities/ claims/ obligations/ litigations/ penalties (including penalties under RERA)/ petitions/ complaints existing or future, concerning and/or against any of the Projects as well as other real estate projects of the erstwhile Amrapali Group.

3.2 Any past corporate, company, taxation, accounting environmental, anti-corruption, anti-money laundering, foreign exchange, legal compliances and other statutory/regulatory requirements and attendant(s), liabilities/ penalties/ complaints/ claims, concerning the Projects funded and other real estate projects being developed by the erstwhile Amrapali Group.

3.3 Any adverse orders in respect of the funded

Projects or the promoter(s) or directors(s) of the erstwhile Amrapali Group of Companies which may give rise to any liability of Court Receiver/ASPIRE, or which may in any manner impact the Projects, and the Proposed Transaction including the Security.

3.4 Any attachment or any orders of any regulator/ authority/ Court/ Tribunal which may have an adverse effect on Court Receiver/ASPIRE's cash flows, assets, Pooling Account, Existing Project Account or any other bank account(s)maintained by the Court Receiver or ASPIRE for the Projects.

4. Court Receiver, Committee members, ASPIRE and their respective directors, employees, agents, representatives shall not be personally liable for any liabilities, criminal or civil, arising from the construction and sale of any of the Project(s).

5. Court Receiver, ASPIRE and their respective directors, employees, agents, representatives shall not be personally liable for any consequences arising out of adverse effects or defaults, if any, under any law, regulations or arising out of any matter, in the course of execution of transaction documents or under such documents in the course of execution of any of the project(s).

6. Court Receiver, Committee members, ASPIRE or their directors shall not be liable for the adverse orders, demands, penalties under the Income Tax laws, erstwhile Service Tax laws, GST laws or any other proceedings pending or arising out of the affairs connected or related with erstwhile Amrapali Group of Companies or their promoters, representatives, if any.

7. The payments made to the accounts of the Court Receiver, ASPIRE, in connection with the duties assigned, out of dues or demands raised from home buyers, commercial allottees, entities or any other persons, firm, body corporate or authority shall be deemed to be payments made under Section 196 of the Income Tax Act and no tax deduction at Source (TDS) shall be made from such sum payable."

well as other stake holders, the matter will be taken up after notice is issued to the concerned, returnable on 18.07.2022.

PART XI

A) Re: I.A. Nos. 27213, 27193 and 27275 of 2022 – Applications on behalf of Paschimanchal Vidhyut Vitran Nigam Ltd. for Directions (Vol. Nos.I-188,189 & 190)

Mr. Pradeep Mishra, learned Advocate appearing for Paschimanchal Vidhyut Vitran Nigam Ltd. ("Paschimanchal Vidhyut" for short) has accepted that part of the dues mentioned in these applications are towards late payment charges. We direct Paschimanchal Vidhyut to file a statement indicating with clarity the actual dues towards consumption of electricity as distinct from other charges including late payment fees, etc.

Learned Court Receiver is requested to look into the matter. List these matters for disposal on 18.07.2022.

B) Learned Court Receiver has stated that because of paucity of space, the office of the Court Receiver and the Committee assisting him need to shift to the corporate office of Amrapali Group of Companies in Section 62, Noida.

Learned Court Receiver, however, submits that earlier outstanding electricity dues are to the tune of Rs.25 lakhs and the Authorities are insisting on clearance of those dues, without which regular electricity supply cannot be restored. At this stage, without going into the question whether the electricity company is entitled to insist on clearance of earlier dues, we direct Paschimanchal Vidhyut to facilitate shifting of all the offices to such corporate office tower and to see that electricity connection is restored. It is made clear that the charges for re-connection and the current charges for consumption shall be paid as and when due.

PART – XII

Re.: I.A. Nos.97096, 97097, 97093, 100940 and 100945 of 2021 (Vol. No. I-175); and, I.A. No.170191 of 2021 (Vol. No.I-184)

Mr. Ravindra Kumar, learned Senior Advocate prays for and is granted a day's time to file the response with copies to Mr. Joginder Singh, petitioner in person.

List for consideration on 13.07.2022 at the end of the Board.

(INDU MARWAH) (ANJU KAPOOR) COURT MASTER (SH) BRANCH OFFICER