ORDER : Order dated 29.11.1994 (in SLP No. 21000 of 1993) 1. Having heard the learned counsel for the parties and having gone through the relevant record, we are of the view that the following order will meet the ends of justice in the present case for the reasons recorded separately: [1] Suit No.770/1993 pending in the High Court of Delhi titled M/s. Skipper Constructions Pvt. Ltd. v. Delhi Development Authority stands withdrawn to this Court and is dismissed with costs. The plaintiff to pay the cost of Rs.50,000/- to the defendant Delhi Development Authority. [2] The bid for Rs.70.1 crores accepted by the Delhi Development Authority, in respect of the suit property, viz., the Commercial Tower Plot, Jhandewalan, Block E, Nebo Delhi, admeasuring about 2540 sq. meters. with constructions thereon which are already made, from M/s. Banganga Investments Pvt. Ltd., on 7th November, 1994, is hereby confirmed subject to the D.D.A. recovering the balance of the bid amount of Rs.62.1 crores in lumpsum within 90 days from to-day. The D.D.A. will not give possession of the property to M/s. Banganga Investments Pvt. Ltd., until the said balance bid amount is received by them. If M/s. Banganga Investments Pvt. Ltd., commits any default in the payment of the said amount, the earnest amount paid by M/s. Banganga Investments Pvt. Ltd., shall stand forfeited and the property will be put up for re-auction. [3] Out of the total amount paid by M/s. Banganga Investments Pvt. Ltd., an amount of Rs.16 crores would be set apart by the D.D.R. and invested in a fixed deposit with the State Bank of India for a period of one year in the first instance, and the fixed deposit will be renewed from time to time till the orders for disbursement of the said amount are made by the one-man Commission appointed herein below. [4] Mr. Justice R.C. Lahoti, the Judge of the High Court of Delhi is hereby appointed as one-man Commission to investigate the claims of the alleged buyers/agreement holders of premises from M/s. Skipper Constructions Pvt. Ltd., in the building which was under construction on the suit property. On investigating their claims, the Commission may order disbursement of amount from the said amount of Rs.16 crores either pro rata or in full as may be feasible. On investigating their claims, the Commission may order disbursement of amount from the said amount of Rs.16 crores either pro rata or in full as may be feasible. (i) However, such of the individuals or institutions who have entered into agreements to purchase premises in the building in question after 29.1.1991 will not be entitled to make any claim before the Commission. If they., prefer claims, the Commission shall reject them outright. (ii) The New Bank of India (which is now merged in the Punjab National Bank) and the Canara Bank have claimed an amount of Rs.11,78,10,224/- in suit No.1530/93 filed by them in the Delhi High Court. They will not be entitled to make any claim before the Commission. They may pursue their remedy by enforcement of mortgage or other securities or otherwise against M/s. Skipper Constructions Pvt. Ltd. 5. Shri E. Easwaran, former Secretary, Department of Expenditure, Ministry of Finance, Government of India is requested to investigate into the conduct of the officials of the aforesaid two banks in the matter of advancement of loans/bank guarantees to M/s. Skipper Constructions Pvt. Ltd., and submit his report to this Court as fat as possible within four months from today. He will be paid his remuneration and the expenses according to his terms by the two banks in equal proportion. 6. Mr. Justice O. Chinnappa Reddy, former Judge of this Court is requested to investigate into the conduct of the officials of the D.D.A. including its ex-officio Chairman at the relevant time, in handing over the possession of the suit-land to M/s. Skipper Constructions Pvt. Ltd. before receiving the auction amount in full and also in conniving at the construction thereon as well as at the advertisements given by it for booking the premises in the building in question. He may also look into the legality and propriety of the order dated 4.10.1988 passed by the then ex-officio Chairman of the D.D.A. and the directions given by the Central Government under Section 41 of the Delhi Development Authority Act. The remuneration and expenses of Mr. Justice 0. Chinnappa Reddy will be borne entirely by the Delhi Development Authority as per his terms. 7. Both Suit No. 11/93 titled Sunil Rishi v. Skipper Constructions Pvt. Ltd. pending in the Court of Munsiff, Ghaziabad and the unnumbered writ petitions pending before the Allahabad High Court filed by Mrs. The remuneration and expenses of Mr. Justice 0. Chinnappa Reddy will be borne entirely by the Delhi Development Authority as per his terms. 7. Both Suit No. 11/93 titled Sunil Rishi v. Skipper Constructions Pvt. Ltd. pending in the Court of Munsiff, Ghaziabad and the unnumbered writ petitions pending before the Allahabad High Court filed by Mrs. Gurcharan Kaur, w/o Shri Avtar Singh against M/s. Skipper Constructions Pvt. Ltd. and Delhi Development Authority, stand withdrawn to this Court and are dismissed with costs in exercise of our power under Article 142 of the Constitution. 8. No court shall entertain any suit application or writ petition against D.D.A. with respect to any claim in respect of the suit-property or premises in the construction made in the suit-property. This prohibition will apply to claims for premises by any person/institution against M/s. Skipper Constructions Pvt. Ltd., which are either pending or to be instituted hereafter. 9. The Special Leave Petition Nos. 6338-6339 of 1990 have become infructuous in view of our aforesaid order and hence stand dismissed. I.A. No.3 2. Issue notice. Mr. Tejwant Singh and Mrs. Surinder Kaur are present in Court and accept notice in the contempt proceeding. They are directed to show cause as to why they should not be punished for contemp, of Court for their following acts: (A) Instituting suit being Suit No.770/93 in the Delhi High Court in respect of the same subject matter after this Court confirmed the orders of the said High Court dated 21.12.1990 and 14.1.1991, by its order dated 23.1.1993. (B) Entering into agreements for and handing over possession of and receiving moneys and creating interests in the premises in the building under construction in the suit property, viz., the Commercial Tower Plot, Jhandewalan, Block E, New Delhi, admeasuring about 2540 sq. mtres. with constructions thereon which are already made, in defiance of the order of this Court passed on 29th January, 1991. Notice returnable on 3rd January, 1995.