Delhi Development Authority v. Skipper Construction
1999-08-02
J.JAGANNADHA RAO, UMESH C.BANERJEE
body1999
DigiLaw.ai
ORDER 1. A detailed affidavit dated 2.11.99 has been filed by Mr. Prabjot Singh making serious allegations against the police officers. We have examined the affidavit and we are of the view that the details mentioned in the affidavit would call for a detailed affidavit from the police authorities and it is in this perspective, the learned senior counsel made a prayer to implead the various police officers who have been named in this affidavit so that appropriate notices can be issued. Upon hearing the submissions we do feel it expedient to grant liberty to Sri Prabjot Singh to file an application for impalement of the Police Officers named in the affidavit. 2. According to the earlier orders passed by this Court which have since been taken note of by the Delhi High Court, Mr. Prabjot Singh was reporting to the Crime Branch; Mehrauli. Today learned counsel has mentioned that it will be more convenient if the petitioner is permitted to report to the Police Station at Tilak Marg, New Delhi. After hearing counsel for the Delhi Administration who is instructed by the concerned Police Officer, Mr. Harmeet Singh (who is present in Court) it is agreed that instead of the petitioners reporting at Crime Branch. Mehrauli, Mr. Prabjot Singh could report at the Police Station, Tilak Marg, New Delhi on every Tuesday and Friday at 5.00 p.m. The order of the Delhi High Court will stand modified accordingly. 3. A copy of this order may be communicated to the Delhi High Court. 4. On 28.10.99, this Court passed an order directing issuance of an order of attachment of bank accounts of Prabjot Singh and also directing him to furnish a list of his bank accounts. Learned senior counsel Sri R.K. Jain, today has filed before this Court an affidavit of his client dated 2.11.99 and in para 16 of that affidavit a list of the bank accounts held by Probjot Singh as well as his wife, Smt. Madhu Sabharwal, is furnished. 5. Notice will issue to all these banks mentioned in the aforesaid affidavit. The above said Banks are hereby restrained from allowing Sri Prabjot Singh and his wife from withdrawing any amounts from these accounts. 6.
5. Notice will issue to all these banks mentioned in the aforesaid affidavit. The above said Banks are hereby restrained from allowing Sri Prabjot Singh and his wife from withdrawing any amounts from these accounts. 6. It will, however, be open to Sri Prabjot Singh or his wife to disclose to this Court the nature of the business in real estate which they would like to undertake or continue, so that this Court could consider granting permission subject to such conditions as this Court may impose. Both of them are further restrained from entering into any transactions in regard to the properties which are under attachment as per the earlier orders of this Court. No fresh transaction will be entered into by them without the previous permission of this Court. 7. The above said Banks are hereby directed to file a Statement of Accounts as operated by the above-said persons during the last five years. The statement will have to be submitted to this Court within four weeks from today. The Registry is directed to communicate this order to the banks mentioned in para 16 of the affidavit of Sri Prabjot Singh. Sri Prabjot Singh is directed to furnish the addresses of the banks mentioned in para 16 of the affidavit. The addresses will be filed within three days from today. 8. The next question relates to the attachment of the bank accounts of Tejwant Singh, his sons and their wives and also of such of his daughters who were not married by 6th May, 1996 when this Court passed judgment in DDA Vs. Skipper Construction Company (Pvt) Ltd. & Anr. AIR 1996 SC 715 , JT 1995 (8) SC 352, 1995 (6) SCALE 648 , (1996) 1 SCC 272 , [1995] Supp5 SCR 782 . We find from para 3 of the above said judgment a reference to an earlier order of this Court. In para 2, wherein it was directed as follows:- "All the properties and the bank accounts standing in the name of the contemnors and Directors of Skipper Construction Company (Pvt.) Ltd. and their wives, sons and unmarried daughters will stand attached". 9. In our view, the above order is categorical with regard to the attachment of the bank accounts of the persons stated therein.
9. In our view, the above order is categorical with regard to the attachment of the bank accounts of the persons stated therein. Prima facie, it appears to us that the said attachment is in force and has been continuing since the date of the earlier order and shall also continue to be in force until further specific order of this Court. 10. However, Sri ML. Verma, learned senior counsel appearing for Sri Tejwant Singh and his wife has pointed out that in para 4 of the above said judgment read along with the directions issued in para 35 of the judgment, it appears that the attachment was confined only to the immovable properties held by the above said persons and, therefore, it must be inferred that the attachment in regard to the bank accounts ceased with effect from 6th May, 1996. 11. We are unable to agree with this contention. Para 4 of the judgment deals with the question of imposition of conditions for deferring the sentence of imprisonment. It states that the sentence of imprisonment is deferred subject to various conditions stated therein. It was stated in sub-para (8) of para 4 that the attachment of the properties and the bank accounts shall stand vacated upon the contemnors furnishing bank guarantees. Admittedly, no bank guarantee was furnished and, therefore, there was no occasion for sub-para (8) of para 34 to come into operation, which could have resulted in the vacation of the attachment of the properties and the bank accounts. 12. In para 34 of the said judgment, the question was posed as to what directions were called for in the matter. Then para 35 contains the list, of directions actually issued. Sub-para (4) of para 35 reads as follows:- "(4) the attachment of properties belonging to Tejwant Singh, his wife and children, already effected, including the properties mentioned in the application. IANo. 29 of 1996, filed by the DDA shall continue to be in force pending further orders. It is, however, open to any of them to come forward with a proposal to sell any of those properties and if this Court is satisfied about the bona fides of the deal, the attachment will be lifted on condition that the consideration so received is deposited into this Court.
It is, however, open to any of them to come forward with a proposal to sell any of those properties and if this Court is satisfied about the bona fides of the deal, the attachment will be lifted on condition that the consideration so received is deposited into this Court. It is obvious that any such deposit will be treated as a deposit towards the direction regarding deposit of rupees ten crores contained in Direction NO.3 above. " 13. In our view, examined in the context of the entire judgment, the word "properties" mentioned in sub-para (4) of para 35 includes not merely the immovable properties, but also the movable properties i.e. including the amounts lying in the Banks. When the judgment gave a finding about fraud and contained serious strictures against Tejwant Singh and his wife and when the Court went to the extent of punishing the above said persons for contempt of Court, it is, in our view, unthinkable that the Court would have thought of lifting the attachment of the bank accounts. We, therefore, reject the contention of learned senior counsel that the bank accounts of Sri Tejwant Singh, his sons and their wives and of such of the daughters who were unmarried on 6th May, 1996, stood vacated in view of para 35. 14. We, therefore, call upon Sri Tejwant Singh to file an affidavit listing out the various bank accounts in which he and his sons and their wives and of such of his daughters who were not married as on 6th May, 1996 and also the list of Bank accounts of the companies in which he or any of the above persons were directors. The list should be exhaustive. 15. This list will be filed within four weeks from today. But with effect from today, in addition to the order of attachment as detailed above. Sri Tejwant Singh, his sons and their wives and daughters who were not married as on 6th May. 1996, are hereby restrained by an order of injunction from operating any of the Bank accounts. 16. After the list of Bank Accounts is filed, this Court, however, will consider as to the extent, these persons should be permitted to withdraw amounts from the Bank accounts.
1996, are hereby restrained by an order of injunction from operating any of the Bank accounts. 16. After the list of Bank Accounts is filed, this Court, however, will consider as to the extent, these persons should be permitted to withdraw amounts from the Bank accounts. The above said persons are restrained, in addition to any such restraint order passed earlier, from entering into any transaction with regard to the properties which are subject matter of the cases before us. If they intend to do any real estate business with regard to these properties, it will be open to them to disclose the same to this Court so as to enable this Court to pass appropriate orders. 17. Sri Tejwant Singh is now under arrest pursuant to orders of arrest passed by the Court of the Metropolitan Magistrate (Mr. K.S. Mohi), Delhi. Request is made by Sri M.L. Verma, learned senior counsel that appropriate orders be passed by the said Court to enable Sri Tejwant Singh to do to his residence or his office to prepare a list of the bank accounts. Unless this is done, it is stated that it may not be possible for him to furnish a list of Bank accounts. We are unable to lend concurrence to the submissions of Mr. Verma. It will, however, be open to Sri Tejwant Singh to make an appropriate application before the concerned Criminal Court under whose orders he has been arrested, so that the Court can pass appropriate orders subject to such conditions as it may deem fit, to enable Sri Tejwant Singh to gather necessary information from his residence and office and place the list of Bank accounts before this Court. It will be open to Sri Tejwant Singh to produce a copy of this order before the Metropolitan Magistrate for the aforesaid purpose.