ORDER : 1. During the course of hearing, Mr. Paranjape and Mr. Nitin Talwar have appeared on behalf of the forensic auditors, M/s. Grant Thornton. They have furnished to the Court a status update of the forensic audit of Unitech Limited which is being carried out by them. The status report contains the preliminary observations of the Auditors particularly on the following aspects: (i) The extent of cooperation extended to them by the management and officials of Unitech Limited. (ii) Review of electronic information furnished by the present and former officials including the Chief Financial Officer. (iii) Availability of bank account statements. (iv) Availability of financial and operational records. Besides this, the status report has indicated preliminary observations on the analysis of the money trail. 2. The status report makes it evident that the forensic auditors have not been provided with complete recourse to the electronic records including those which were in the possession and custody of the Chief Financial Officers. In the absence of a complete availability of the electronic records to the forensic auditors, their task has been severely undermined and obstructed. As a consequence, effective implementation of the order which had been passed by this Court for undertaking a forensic audit has been thwarted. We appreciate the difficulties which are being faced by the forensic auditors and the earnest efforts which have been made by them to provide as complete a picture as possible on the basis of the available records. Mr. Nitin Talwar, representing M/s. Grant Thornton has apprised the Court that since January 2019, he, together with his team of personnel, has been stationed only for completing the assignment which has been entrusted by the Court. 3. In the course of the earlier proceedings, this Court had made available certain facilities to Shri Sanjay Chandra and Ajay Chandra, Directors of M/s. Unitech Limited, who are presently lodged in Tihar Jail. The facilities which have been granted to the aforesaid two Directors shall stand revoked forthwith. They shall not be entitled to any additional facilities apart from those which are available in the normal course in terms of the Jail Manual. This direction shall take effect immediately. A copy of the present order shall be forwarded by the Registrar(Judicial) to the Jail Superintendent of Tihar Central Jail. 4.
They shall not be entitled to any additional facilities apart from those which are available in the normal course in terms of the Jail Manual. This direction shall take effect immediately. A copy of the present order shall be forwarded by the Registrar(Judicial) to the Jail Superintendent of Tihar Central Jail. 4. In the present state of affairs, the Court may be left with no alternative but to now entrust the investigation of the case to the Central Bureau of Investigation. 5. In addition, it has become necessary to request the learned Attorney General for India to render his assistance to the Court with a view to explore whether the entire process of completing the unfinished construction projects as well as the management of the company can be suitably taken over and entrusted to an agency to be nominated by the union Government so as to fulfill the obligations due to the home buyers. The home buyers who have invested their life saving have been left in the lurch. We would request the learned Attorney General for India to assist the Court on this aspect of the matter. 6. We also direct, in the meantime, that sixty seven banks to whom a request has been made by the forensic auditors for providing bank statements shall do so within a period of two weeks from the date of receipt of this order. 7. We grant one final indulgence, in the meantime, to the Directors and the present Chief Financial Officer of Unitech Ltd. to comply with all the requisitions which may be submitted by the forensic auditors. The forensic auditors are requested to communicate their requisitions not later than by 06.00 p.m. tomorrow. These requisitions shall be complied with within a period of two weeks from today. 8. We would appreciate if the learned Attorney General for India can convene a meeting at an appropriate senior level of the union Government to apprise the Court of the course of action which the Government would seek to pursue, to tide over the difficult situation in which the home buyers have been placed and to protect the interests of all stakeholders. 9. A copy of this order may be communicated to the learned Attorney General for India by learned Amicus Curiae. 10. List the matters on 05 July 2019 at 02.00 p.m. 11.
9. A copy of this order may be communicated to the learned Attorney General for India by learned Amicus Curiae. 10. List the matters on 05 July 2019 at 02.00 p.m. 11. This order shall not, in any manner, affect the existing assignment which has been entrusted to M/s. Grant Thornton who shall continue with the work. 12. Learned Amicus Curiae is directed to disburse payment against the invoice submitted by Grant Thornton on 11 April 2019 a copy of which is annexed with the Status report submitted by the Amicus Curiae on 09 May 2019. The amount may be released by the Registry from out of the interest which has accrued. 13. The learned Amicus Curiae has drawn the attention of the Court to the E-Auction notice issued on behalf of the Municipal Corporation, Gurgaon under Section 130 of the Haryana Municipal Corporation Act, 1994. The properties at serial nos. 31, 32 and 36 listed out in the auction notice belong to Unitech Ltd. or its subsidiaries. The auction of the above three properties is stayed till the next date of the listing of the matters. 14. Issue notice to the Municipal Corporation, Gurgaon, returnable on 05 July 2019. 15. Learned Amicus Curiae is granted permission to open the Web Portal for two weeks so as to give an opportunity to home buyers who have been left out and who have decrees or adjudicatory orders in their favour. A separate section shall be opened on the Web Portal in order to enable the ex-employees to lodge claims. 16. An amount of Rs. 5,00,000/- (Rupees Five Lakhs only) shall be disbursed to the Amicus Curiae on account of the expenses incurred for the purposes of the Web Portal and other allied expenses. 17. On the request of the learned counsel appearing on behalf of the EPFO, we clarify that the direction which has been issued by this Court imposing a restraint on coercive steps shall not come in the way of the appropriate court or, as the case may be, authority imposing such conditions, if any, contemplated under the law while seeking recourse to remedies. Crl. M.P. Nos. 78607/2019 & 78609/2019 18. Taken on Board. 19. No change of circumstances made out. 20. We see no reason to entertain these Criminal Miscellaneous Petitions. The Criminal Miscellaneous Petitions are dismissed.