ITEM NO.2 COURT NO.1 SECTION XVIA
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
I.A.Nos.60-83,85-90 & I.A.No.91-92 & 93 in T.C.(C) No.2/2004
THE SECURITIES & EXCHANGE BD. OF INDIA …………………………………………..Petitioner(s)
VERSUS
THE GOLDEN FORESTS (I) LTD. ………………………………………….Respondent(s)
(For quashing order dated 2.5.2007 passed by the Chairman,
Committee-Golden Forest (India) Ltd. and ad-interim ex-parte stay and
for seeking urgent directions and impleadment and directions and
permission to file additional documents and impleadment/ direction/
objection and intervention and impleadment/direction/ stay, and
application to file rejoinder affidavit and directions and office
report) with I.A. Nos.27, 29-38 in T.C.(C) No.68/2003 (For confirmation
of sale and for quashing/ setting aside of order passed by the Chairman
Committee and stay and intervention and directions and impleadment and
merger of 110 companies with GIFL and for permission to file additional
documents and office report) with Contempt Petition (Civil) No.74/2007
in T.C.(C) No.2/2004 With T.C.(C) No.1/2004 (With appln. for early
hearing and directions and office report)With W.P.(C) No.188/2004 (With
appln. for directions and office report)
Date: 15/10/2008 These Petitions were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE P. SATHASIVAM
HON'BLE MR. JUSTICE J.M. PANCHAL
For Petitioner(s) Mr. Bhargava V. Desai, Adv.
Mr. Rahul Gupta, Adv.
Ms. Reema Sharma, Adv.
Mr. Ajay Majithia, Adv.
Mr. Rajesh Kumar, Adv.
Dr. Kailash Chand, Adv.
For the Committee Ms. Suruchii Aggarwal, Adv
Mr. Prashant Chauhan, Adv.
Mr. Arvind Gopal, Adv.
WP(C) 188/04 Mr. Ranjan Mukherjee, Adv.
For Applicant(s) Mr. K.N. Krishnamani, Sr. Adv.
Mr. Shagir Khan, Adv.
TC(C) 1/04 Mr. Somnath Mukherjee, Adv.
Mr. S. Ravishankar, Adv.
Mr. Vivek Shukla, Adv.
For Respondent(s) Mr. Anil Kumar Sharma, Adv.
Mr. Shailendra Bhardwaj,Adv.
Mr. S.B. Sanyal, Sr. Adv.
Mr. Anand Prakash, Adv.
Mr. T.D. Kashar, Adv.
For Ms. S. Usha Reddy, Adv.
Mr. S.K. Nandy, Adv.
Mr. Y.P. Dhingra, Adv.
Ms. Kusum Chaudhary, Adv.
Mr. Subodh Markandeya, Sr. Adv.
Mr. Alok Gupta, Adv.
Ms. Shalu Sharma, Adv.
Mr. Manoj Swarup, Adv.
Mr. P.S. Patwalia, Sr. Adv.
Mr. Anandeshwar Gautam, Adv.
Mr. Joseph Pookkatt, Adv.
Mr. Prashant Kumar, Adv.
For M/s AP & J Chambers
Mr. D.N. Goburdhan, Adv.
Mr. Arun Kumar Sinha, Adv.
Mr. Ranjan Mukherjee, Adv.
Mr. Ajay Majithia, Adv.
Mr. Rajesh Kumar, Adv.
Dr. Kailash Chand, Adv.
Mr. S. Ravi Shankar, Adv.
Mr. G.L. Rawal, Sr. Adv.
Mr. Ashwani Kumar, Adv.
Mr. Kuljeet Rawal, Adv.
Mr. Subramonium Prasad, Adv.
Ms. Sunita Sharma, Adv.
Mr. Rana Ranjit Singh, Adv.
Mr. Somvir Singh Daswal, Adv.
Mr. Shreepal Singh, Adv.
Mr. S.K. Sabharwal, Adv.
Mr. Jatinder Kumar Bhatia, Adv.
Ms. S. Usha Reddy, Adv.
Ms. Naresh Bakshi, Adv.
Mrs. Varuna Bhandari Gugnani, Adv.
Mr. Rameshwar Prasad Goyal, Adv.
Mr. S.N. Pandey, Adv.
Mr. C.S. Ashri, Adv.
Ms. Shalu Sharma, Adv.
Mr. N.R. Choudhury, Adv.
Mr. Tara Chandra Sharma, Adv.
Ms. Neelam Sharma, Adv.
UPON hearing counsel the Court made the following
ORDER
Dr. Namavati has filed the list of immovable properties owned and
possessed by the Golden Forests (I) Ltd and its group of companies.
These properties were allegedly purchased by Golden Forest (I) Ltd. and
other group of companies. It is said that the title deeds vest with
these respondents.
It is stated that huge amounts were invested in these companies. A
Committee had been appointed by this Court on 19.8.2004, consisting of a
retired Chief Justice of the Delhi High Court and two District Judges.
The said Committee had taken possession of substantial properties owned
by the respondents.
In order to facilitate the disbursement due to the investors, the money
has to be collected by selling these properties. The Committee is
authorized to take possession of all the properties owned by the
respondents. If there are any valid claims in respect of any of these
properties by third parties, the Committee may consider the same and
pass appropriate orders, subject to confirmation by this Court.
As regards the sale of properties is concerned, the Committee may make
appropriate publication regarding the sale and sufficient notices be
issued to the prospective purchasers by publishing the same in the local
newspapers having wide circulation in the area where the property is
situated. Any sale conducted by the Committee shall be based on
valuation made by either by the Committee or by other approved valuer
and upset price is fixed before sale is finalized. The sale is, however,
subject to the confirmation by this Court. As soon as the sale is over,
the details including the purchase price and all the details shall be
made over to this Court for the purpose of confirmation.
As soon as the bid is over the applicant/the prospective purchaser shall
deposit 20% of the amount in a nationalized bank in the account
maintained by the Committee. If there is any difficulty in getting the
possession of any property owned by the respondents, the matter shall be
reported to this Court and/or the Committee can also itself request for
police aid or any other assistance from the governmental authorities. On
all the pending applications, the Committee shall pass appropriate
orders subject to confirmation by this Court.
As regards the pending claim of the petitioners/applicants the committee
may pass appropriate orders and a gist of these orders be made available
to this Court for further orders.
List in the month of March, 2009.
(R.K. Dhawan) (Veera Verma)
CourtMaster Court Master