ITEM NO.2 Court 5 (Video Conferencing) SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No.3014/2020

UDAY VED Appellant(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(With appln.(s) for I.R. and IA No.84181/2020-STAY APPLICATION and IA No.84187/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES)

WITH C.A. No.3621/2020 (XVII)

(With appln.(s) for IA No.113307/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.113306/2020-EX-PARTE STAY and IA No.120034/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES)

C.A. No.3516/2020 (XVII)

(With appln.(s) for IA No.107941/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.107940/2020-STAY APPLICATION and IA No.120091/2020-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES)

Date : 12-03-2021 This appeal was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH

For Appellant(s)	Mr. K.V. Vishwanathan, Sr. Adv.<br>Ms. Khushali Palrecha, Adv.<br>Mr. T. R. B. Sivakumar, AOR
CA 3516/2020	Mr. Mukul Rohatgi, Sr. Adv.<br>Mr. Neeraj Krishna Kaul, Sr. Adv.
	Mr. V.P. Singh, Adv.
	Mr. Aditya Jalan, Adv.
	Mr. Priyank Ladoia, Adv.
	Mr. Raghav Seth, Adv.

	Ms. Vanya Chhabra, Adv.<br>Mr. Rajkanwar Singh, Adv.<br>Mr. Deepak Joshi, Adv.<br>Ms. Anannya Ghosh, AOR.<br>Mr. Brian Henry Moses, Adv.
CA 3621/2020	Mr. Neeraj Krishna Kaul, Sr. Adv.<br>Mr. V.P. Singh, Adv.<br>Mr. Aditya Jalan, Adv.<br>Mr. Priyank Ladoia, Adv.<br>Mr. Raghav Seth, Adv.<br>Ms. Vanya Chhabra, Adv.<br>Mr. Rajkanwar Singh, Adv.<br>Mr. Deepak Joshi, Adv.<br>Ms. Anannya Ghosh, AOR.<br>Mr. Brian Henry Moses, Adv.
For Respondent(s)	Mr. Tushar Mehta, SG<br>Mr. Balbir Singh, ASG<br>Ms. Swarupma Chaturvedi, Adv.<br>Mr. Kanu Agarwal, Adv.<br>Ms. Sansriti Pathak, Adv.<br>Ms. Anil Katiyar, Adv.<br>Mr. Arvind Kumar Sharma, AOR

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

Civil Appeal No 3014 of 2020

• 1 Mr K V Vishwanathan, learned senior counsel appearing on behalf of the petitioner submits that the order passed by this Court on 15 February 2021 in Civil Appeal No 2841/2020 [Neera Saggi ^v Union of India] and Civil Appeal No 3531/2020 [Renu Challu v Union of India] should also govern the facts of this case and an order of remand may be accordingly warranted to the National Company Law Tribunal.
• 2 On the other hand, Mr Balbir Singh, learned Additional Solicitor General submits that the petitioner was an Independent Director of IFIN during the period between 31 March 2015 and 20 September 2018, when the controversy in relation to the affairs of Infrastructure Leasing and Financial Services Limited (IL&FS) came to light. Moreover, it has been submitted that

the petitioner ought to make a specific disclosure on affidavit on the nature of his professional/business activities during the period when he was an Independent Director of IFIN. The petitioner shall, in particular, clarify the nature of his association as a Chartered Accountant with KPMG or otherwise. In order to enable the petitioner to make a full and complete disclosure before this Court, we stand over the proceedings to 19 March 2021.

Civil Appeal Nos 3621/2020 & 3516/2020

• 1 The petitioners shall file an affidavit disclosing specifically their affiliation, if any, with the auditors M/s KPMG.
• 2 List the Civil Appeals on 26 March 2021.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master