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2019 DIGILAW 2098 (SC)

Bikram Chatterji v. Union Of India

2019-10-14

ARUN MISHRA, UDAY UMESH LALIT

body2019
ORDER : 1. Heard the learned counsel for the Odisha State Housing Board. It was submitted by the learned counsel appearing for the Odisha State Housing Board that with respect to an area of 6.589 acres situated at Bhubneshwar a development agreement has been entered into with the Amrapali Homes Projects (P) Ltd. No notice of termination of development agreement has been issued so far by the Housing Board. Two options are available, either to invite the bids to sell the property as obligation under the development agreement have not been carried out by the Amrapali Homes Projects (P) Ltd. or to cancel the agreement and forfeiture of the amount. In view of the findings recorded by the Forensic Auditors that this money invested belongs to the home buyers we cannot permit forfeiture of the amount to be made by the Odisha State Housing Board. We direct the Odisha State Housing Board to notify fresh bids for auction of the entire extent of land either in full or in part. That bids be invited within six weeks from today. In the meantime, we direct the Odisha State Housing Board to deposit an amount of Rs.34,50,73,950/-, within a period of 4 weeks, which has been deposited by the Amrapali Homes Projects (P) Ltd., with it in the Registry of this Court in the account opened by the Registry in UCO Bank i.e. A/c. No. 02070210002834. After the bids are invited the Amrapali Group shall not be claiming any further right under the agreement as against the Odisha State Housing Board or any purchaser(s). 2. We have also heard Mr. Purushaindra Kaurav, learned senior counsel, appearing on behalf of the New Raipur Development Authority. It has been pointed out that a sum of Rs.19,38,74,175/- has been deposited with respect to three plots located in Sectors 24, 26 and 30. As against plot in Sector 24, Bank Guarantee of Rs.81,43,319/- has been furnished that has not been encashed. However, in the report of the Forensic Auditors it has been pointed out that a sum of Rs.24,30,38,988/- has been deposited by Amrapali Ultra Homes Private Limited. However, the licence agreement has been terminated on 01.12.2017, during the pendency of the matter in this Court and it is submitted that the plots have not been auctioned so far. 3. However, in the report of the Forensic Auditors it has been pointed out that a sum of Rs.24,30,38,988/- has been deposited by Amrapali Ultra Homes Private Limited. However, the licence agreement has been terminated on 01.12.2017, during the pendency of the matter in this Court and it is submitted that the plots have not been auctioned so far. 3. Be that as it may, we also direct the New Raipur Development Authority to reconcile the account and to find out the exact position of the deposits made by the Amrapali Ultra Homes Private Limited that whether a sum of Rs.19,38,74,175/- has been deposited or Rs.24,30,38,988/-, as stated in the Forensic Auditors Report, and on reconciliation if some more amount is found the same shall be deposited in the Registry of this Court along with Rs.19,38,74,175/-, within four weeks, in the account opened by the Registry in UCO Bank. As the fresh auction has not been made, we direct the New Raipur Development Authority also to put the plots in question for auction, under the order the Amrapali Group shall not claim any rights against the Development Authority or against the purchaser. Let the bids be invited within a period of six weeks. 4. The bids invited by Odisha State Housing Board and New Raipur Development Authority be placed before this Court. Thereafter, the steps to finalize the same can be undertaken subject to the order passed by this Court. 5. We have heard learned senior counsel for Surekha family/M/s. Jotindra Steel and Tubes Ltd., with respect to deposit of the amount. As per the report of the Forensic Auditors we direct for the time being the Surekha family and the Surekha Public Charitable Trust to deposit a sum of Rs.167 Crores in the Registry of this Court, within a period of six weeks from today, in the account opened by the Registry in UCO Bank. The amount of Rs.167 Crores includes the sum of Rs.13.44 Crores, which was paid to the Trust. With respect to the interest etc., we will pass orders at a later date. Let the above mentioned amount be deposited on or before 30.11.2019. Since there is already final order passed to deposit amount which has not been complied with so far, we make it clear to the all concerned that they are aggravating the violation of this Court’s order by not complying with it. Let the above mentioned amount be deposited on or before 30.11.2019. Since there is already final order passed to deposit amount which has not been complied with so far, we make it clear to the all concerned that they are aggravating the violation of this Court’s order by not complying with it. In case, the order is not complied with now, it will further aggravate the violation of the order. In case of the non-compliance, we direct the presence of Mr. Vishnu Surekha, Mr. Navneet Surekha and Mr. Akhil Surekha in this Court on 02.12.2019. It is made clear that we have passed the final order after hearing the learned counsel appearing on behalf of the Surekha family and its group of companies and Trust and in spite of that it has not been complied with. However, it was prayed before us that certain aspects have to be clarified with respect to Surekha family/group of companies and Trust. Let the order be complied with first thereafter we propose to hear the counsel on the aforesaid proposition. ------------------- 6. There is a finding in the Forensic Auditors Report as well as in the judgment of this Court that Rs.11.76 Crores has been invested in the Mutual Funds and other investments. We give last opportunity to the family members to deposit the amount of Rs.11.76 Crores in the Registry of this Court, within three weeks from today, in the account opened by the Registry in UCO Bank. Details are as under:- 1. Mr. Shiv Priya Rs.8.86 Crores 2. Ms. Sonali Suman Rs.0.65 Crores 3. Mr. Ajay Kumar Rs.2.25 Crores 7. We have heard Mr. Rakesh Khanna, learned senior counsel appearing for La Residentia The finding recorded in the judgment delivered by this Court that 632 flats or value of 19.75 per cent of the share has to be recovered from La Residentia. It is also pointed out that some cost of construction has been incurred by the La Residentia while handing over the flats or for selling them that amount has to be paid to La Residentia and the remaining amount has to come to the Amrapali Group. We direct the La Residentia to submit an affidavit how much expenditure has been undertaken in the construction of each of the flat and total amount invested in the construction of 600 flats which are available for sale at present. We direct the La Residentia to submit an affidavit how much expenditure has been undertaken in the construction of each of the flat and total amount invested in the construction of 600 flats which are available for sale at present. They are injuncted from selling flats which are available. Let the affidavit be filed within fifteen days. ----------------- 8. Heard the learned counsel as well as the Court Receiver it has been suggested by the Court Receiver that sale by the DRT has not been able to fructify and buyers have not turned up. He has suggested that Metal Scrap Trade Corporation Limited (MSTC Ltd.) is established by the Government of India and has been exclusively set up for auctions and sale of mineral wealth. The MSTC Limited can be appointed as an agency to sell the attached property of Directors/family members of the Amrapali Group of companies. 9. Learned counsel for the parties have agreed to the suggestion made by the learned Receiver. Thus, instead of DRT we appoint MSTC Ltd., to sell the attached property. Let the relevant documents, files etc., be transmitted by the concerned DRT to MSTC Ltd. We are informed that the MSTC Ltd., has agreed to take up the sale as per the established procedure. 10. Accordingly, we order, let the auction of the attached properties be held in accordance with law by MSTC Ltd., instead of DRT and this Court be kept apprised time to time of the various steps taken and the amount fetched to be deposited in the Registry of this Court. --------------------- 11. As some work has already been completed by NBCC, since we have directed 8% of the amount of the construction cost/total cost incurred to be paid as charges to NBCC, let an amount of Rs.66.69 Lacs, as certified by the Receiver, be released to the NBCC. ------------------ 12. Issue notice in I.A. Nos.141062/2019 and 155624/2019. 13. Considering I.A. No.152298/2019, we direct the NOIDA/Greater NOIDA Authority not to create any charge or alienate the plot of land which was held by Heartbeat City. ------------------ 14. We have heard learned counsel appearing for the Corporation Bank. 15. With respect to category ‘A’ project it is stated by the learned counsel that a sum of Rs.55.11 Crores is to be disbursed. ------------------ 14. We have heard learned counsel appearing for the Corporation Bank. 15. With respect to category ‘A’ project it is stated by the learned counsel that a sum of Rs.55.11 Crores is to be disbursed. We direct that the amount to be deposited in the Registry of this Court, within four weeks, in the account opened by the Registry in UCO Bank. With respect to categories ‘B’, ‘C’ and ’D’ category projects, let Mr. M.L. Lahoty and other home buyers respond by the next date of hearing. ------------------- 16. Mr. Pavan Kumar Aggarwal and Mr. Ravinder Bhatia, Forensic Auditors, are present. A balance amount of Rs.5 Lacs is also ordered to be disbursed to each of the Auditors. The Registrar of this Court is directed to issue appropriate communication to the IndusInd Bank, Sector-51, NOIDA so that the monies could be disbursed from Account No.201002234299 (IFSC Code INDB0000276) of Amrapali Hospitality Services Pvt. Ltd. in favour of the forensic auditors within seven days from today. Bank details of the forensic auditors are given hereunder: Mr. Ravinder Bhatia Bhatia and Bhatia HDFC Bank 44, Deenar Bhawan, Branch: Nehru Place New Delhi (A/c No.13762020002118) Mr. Pavan Kumar Aggarwal Kotak Mahindra Bank Branch: Nehru Place New Delhi (A/c No.5111611060) 17. Supplementary Report-II of Forensic Auditor of Amrapali Group of Companies by Mr. Pavan Kumar Aggarwal dated 10.10.2019, with respect to O2 Valley, Heartbeat City Projects and Indore Projects is taken on record. ------------------- 18. It has been pointed out by Mr. R. Venkatramani, learned senior counsel and Court Receiver that Civil Judge, Senior Division, 30 Gautam Budh Nagar in C.S. Nos.2126/2019, 2127/2019 and 2129/2019 has issued summons to him. We direct that the Court Receiver not to be called in these proceedings and any other proceedings in any Court without permission from this Court. 19. Learned Court Receiver is given liberty to call upon the banks who have financed the projects/buyers to work out the modalities and furnish the details. 20. The home buyers are directed to deposit the balance amount due on their individual accounts, without waiting for any official communications from the Receiver appointed by the Court. -------------------- List on 02.12.2019 at 2.00 P.M.