IN
THE HIGH COURT OF
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V., Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Raju Ramachandran, Sr. Advocate with Mr. Manoj Swarup,
Mr. Ashok K. Singh and Mr. Ashish Mohan, Advocate for the Applicant.
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4306-09/2010 in W.P. (C) No. 1399/2010
Issue notice.
Learned counsel
for the Committee accepts notice and seeks some time to
file a reply. She may do so within a week.
List on
In the meanwhile, parties will maintain status quo with regard to the
property Hotel Drive Inn situated in Masoori, Uttarakhand.
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
IN THE
HIGH COURT OF DELHI AT NEW DELHI
C.M. No. 4306-09/2010 in W.P. (C) No. 1399/2010
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V.,
Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Raju Ramachandran, Sr. Advocate with Mr. Manoj Swarup,
Mr.
Ashok K. Singh and Mr. Ashish Mohan, Advocate for the Applicant.
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4306-09/2010 in W.P. (C) No. 1399/2010
Issue notice.
Learned counsel for the Committee accepts notice and seeks some time
to
file a reply. She may do so within a week.
List on
W.P.(C) 1399/2010 Page 1 of 2
In the meanwhile, parties will maintain status quo with regard to the
property Hotel Drive Inn situated in Masoori, Uttarakhand.
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
vn/mm
IN THE
HIGH COURT OF
C.M. No. 4314/2010 in W.P. (C) No. 1399/2010
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V.,
Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Shailendra Bhardwaj, Advocate
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4314/2010 in W.P. (C) No. 1399/2010
Learned counsel for the Committee says that this application was
originally I.A. No. 100/2009 in the Supreme Court. It has been
disposed by the
Supreme Court by order dated
No orders are required to be passed in this application.
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
vn/mm
$
IN THE
HIGH COURT OF
C.M. No. 4316/2010 in W.P. (C) No. 1399/2010
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V.,
Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Shailendra Bhardwaj, Advocate
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4316/2010 in W.P. (C) No. 1399/2010
Learned counsel for the Committee says that this application is
infructuous. Accordingly, the application is disposed of as
infructuous.
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
vn/mm
$
IN THE
HIGH COURT OF
C.M. No. 4320/2010 in W.P. (C) No. 1399/2010
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V.,
Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Shailendra Bhardwaj, Advocate
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4320/2010 in W.P. (C) No. 1399/2010
The prayer in this application is for a direction to confirm the sale
in
favour of M/s Varad Agro Tech Limited Hyderabad through its Managing
Director,
Mr. A.Konda Reddy, subject to deposit of the balance money of the
highest bid
amount after adjusting the participation money already deposited.
According to us the application is pre-mature. The sale can be
confirmed
if the amount is received by the Committee.
W.P.(C) 1399/2010 Page 1 of 2
The Committee may first receive the balance amount and then approach
this
Court.
The application is disposed of.
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
vn/mm
IN THE
HIGH COURT OF
C.M. No. 4328/2010 in W.P. (C) No. 1399/2010
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V.,
Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Shailendra Bhardwaj, Advocate
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4328/2010 in W.P. (C) No. 1399/2010
This is an application filed by the Committee for a direction to Shri.
Rakesh Kant Syal, Ms. Pamila Syal and Shri A.L. Syal, to disclose, on
oath, by
way of separate affidavits, the details, with full particulars and
description
of all the properties owned by Golden Forest (India) Ltd. and its 110
subsidiary
companies within two weeks.
This application was filed on or about
years have gone by but the Committee has not been able to get the
necessary
W.P.(C) 1399/2010 Page 1 of 2
information from Shri Rakesh Kant Syal, Ms. Pamila Syal and Shri A.L.
Syal who
are not cooperating. It is pointed out to us by Mr. Shailender
Bharwdwaj,
Advocate that Shri A.L. Syal has already expired in January, 2010.
We cannot compel Shri Rakesh Kant Syal and Ms. Pamila Syal to disclose
on
oath the information required by the Committee. It is for the
Committee to take
such steps that may be necessary to obtain the information
particularly since
the records are lying in the Jharmari office, Tehsil Dera Bassi, Lalru,
Mohali
and possession of that property is with the Committee.
With the above observations the application is disposed of.
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
vn/mm
W.P.(C) 1399/2010 Page 2 of 2
$
IN THE
HIGH COURT OF DELHI AT NEW DELHI
C.M. No. 4330-31/2010 in W.P. (C) No. 1399/2010
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V.,
Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Shailendra Bhardwaj, Advocate
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4330-31/2010 in W.P. (C) No. 1399/2010
These are applications filed for impleadment of Mr. Ajay Neb as a
party
to the petition as well as for stay of dispossession.
The averment made by
No. B-20, 2599/1-3, Baibala Chowk,
to be dispossessed by the auction purchaser.
W.P.(C) 1399/2010 Page 1 of 2
We have today confirmed the auction in respect of the aforesaid
property in
C.M. No. 4340/2010.
Since this matter has been transferred by the Supreme Court to this
Court, it is possible that Mr. Ajay
proceedings in this Court.
Under the circumstances, the Registry will issue notice to Mr. Ajay
the address mentioned in the CMs and also to his advocate on record in
the
Supreme Court, that is, Mr. Kailash Chand. Learned counsel for the
Committee
says that the address of Mr. Kailash Chand will be mentioned on the
process fee
form.
The process fee be filed within three days and notice be issued,
returnable on
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
vn/mm
IN THE
HIGH COURT OF
C.M. No. 4340/2010 in W.P. (C) No. 1399/2010
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V.,
Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Shailendra Bhardwaj, Advocate
Mrs. Jayshre Anand and Mr. K.K. Mahalik, Advocates for State of
Dr. Abhishek Manu Singhvi, Sr. Advocate with Mr. Shuvodeep Roy,
Advocate for M/s
K.V. Finlease.
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4340/2010 in W.P. (C) No. 1399/2010
By this application the Committee seeks confirmation of the sale of
eight
properties which are as follows:
1. Double Storyed Office Building No. 113/2, on Cooper Road, Amritsar
(Punjab).
W.P.(C) 1399/2010 Page 1 of 6
2. Office Building on First Floor of EM -243, Commercial Area, Milap
Chowk, Jalandhar City, Area 225 Sq. Ft. (Approx).
3.
(Haryana). Area: 137.50 Sq. Mtrs.
4.
468/603)
5. Double Storyed Commercial Building on Mukerian- Talwara Road, Main
Market, V.P.O. Hajipur, Tehsil Mukerian, Distt. Hoshiarpur.
6.
Chowk,
7.
Mtrs.), Jama Masjid Complex,
Price Rs. 10 Lacs.)
8.
Mtrs.), Jama Masjid Complex,
Price Rs. 10 Lacs.)
The application has been filed pursuant to the order passed by the
Supreme Court in I.A. No. 100/2009 on
W.P.(C) 1399/2010 Page 2 of 6
Pursuant to directions earlier given by the Supreme Court, four
advertisements were issued by the Committee in 2007 and one
advertisement was
issued in the year 2009 for auction of the aforesaid properties.
The Committee received bids and scrutinised all of them.
In respect of one property that is SCO No. 8, Sector-11, Panchkula,
objections were received by the Committee from one Ms. Pamila Syal to
the effect
that the property had been auctioned of for an extremely low amount.
This
objection was considered by the Committee and found to be valid and,
therefore,
the Committee has not asked for confirmation of the sale of this
property that
is SCO No. 8, Sector-11, Panchkula.
Dr. A.M. Singhvi, Senior Advocate appearing on behalf of the auction
purchaser, that is, K.V. Finlease says that he would like to file
objections to
the decision of the Committee in respect of the property SCO No. 8,
Sector-11,
Panchkula. He says that he will file the objections within a week from
today.
We propose to consider those objections and then decide whether the
sale should
be confirmed or should not be confirmed.
At this stage we may notice that Ms. Pamila Syal is the sister of Mr.
W.P.(C) 1399/2010 Page 3 of 6
Rakesh Kant Syal who is the Chairman-cum-Managing Director of Golden
Forest
India Ltd. Neither did she nor Mr. Rakesh Kant Syal file any
objections to the
auction of the other remaining eight properties before the Committee.
When the advertisements were issued in 2007 and 2009, no objections
were
raised by Mr. Rakesh Kant Syal on whose behalf it is today submitted
by learned
counsel that time may be granted for filing objections.
When the Supreme Court heard IA No. 100/2009, no objections were filed
by
Mr. Rakesh Kant Syal and in I.A. No. 100/2009 the Supreme Court had
passed an
order directing the auction purchaser to deposit the amount with the
Committee.
Learned counsel for the Committee says that the amounts have been
deposited by
all the auction purchasers. Even then no objections were filed by Mr.
Rakesh
Kant Syal.
It is quite clear to us from the above that the request made today on
behalf of Mr. Rakesh Kant Syal is only a request made for the sake of
it and
without any seriousness attached to it. That apart, Mr. Rakesh Kant
Syal was
fully entitled to raise objections at the appropriate stage both
before the
Committee as well as before the Supreme Court but did not choose to do
so. We,
therefore, cannot permit him to raise any objection today except on
W.P.(C)
1399/2010 Page 4 of 6 payment of
costs.
Learned counsel for Mr. Rakesh Kant Syal says that he has no
instructions
in this regard so, therefore, we take it that since costs cannot be
paid by Mr.
Rakesh Kant Syal, the objections proposed to be filed do not appear to
be
serious objections.
Under the circumstances, we confirm the sale of the following
properties:
1. Double Storyed Office Building No. 113/2, on
(
2. Office Building on First Floor of EM -243, Commercial Area, Milap
Chowk, Jalandhar City, Area 225 Sq. Ft. (Approx).
3.
(Haryana). Area: 137.50 Sq. Mtrs.
4.
468/603)
5. Double Storyed Commercial Building on Mukerian- Talwara Road, Main
Market, V.P.O. Hajipur, Tehsil Mukerian, Distt. Hoshiarpur.
6.
Chowk,
W.P.(C) 1399/2010 Page 5 of 6
Rs. 30 Lacs).
7.
Mtrs.), Jama Masjid Complex,
Price Rs. 10 Lacs.)
8.
Mtrs.), Jama Masjid Complex,
Price Rs. 10 Lacs.)
C.M. No. 4340/2010 is disposed of in respect of the aforesaid eight
properties. We propose to hear the submissions made by Dr. Singhvi in
respect
of the property bearing SCO No. 8, Sector-11, Panchkula on
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
vn/mm
W.P.(C) 1399/2010 Page 6 of 6
$
IN THE
HIGH COURT OF
C.M. No. 4372/2010 in W.P. (C) No. 1399/2010
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V.,
Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Shailendra Bhardwaj, Advocate
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4372/2010 in W.P. (C) No. 1399/2010
The prayer made in this application is for a direction to the
Committee
to recall the sale notice dated 9th August, 2009 for the sale of
property being
agricultural land in village-Issapur, Tehsil-Nazafgarh, District Delhi
(South-
West area) approximately 119 Bigha 11 Biswa which belongs to M/s
Golden Projects
Limited and also the consequent action taken thereon.
The averment made by the applicant, that is, M/s Golden Projects
Limited
in paragraph 10 is to the effect that a civil suit being CS (OS) No.
W.P.(C)
1399/2010 Page 1 of 3 499/2007
titled as Sangeet Aggarwal vs. Madan Lal and others is pending in this
Court in
which an interim status quo order with regard to dispossession has
been passed
and that the stay order is still in operation.
On a plain reading of the averment made in paragraph 10 it is quite
clear
that there is no prohibition against the sale of the property in
question and,
therefore, there is no reason to recall the sale notice dated
As stated by the applicant, the interim stay order granted by this
Court is only
with regard to possession.
Under the circumstances, on the basis of the averment made in the
application it is not possible to accede to the prayer made by the
applicant.
The application is accordingly dismissed with costs of Rs. 5,000/- to
be
deposited in the Registry of this Court within four weeks.
In case the costs are not deposited within four weeks the Registry
will put
up a note for consideration.
C.M. No. 4373/2010 in W.P. (C) No. 1399/2010
This application has been filed by M/s Golden Forest (India) Ltd.
seeking
a direction to the Committee to recall the sale notice dated 9th
August, 2009
and also the consequent action taken thereon.
From a reading of the application it is clear that despite a general
sort
W.P.(C) 1399/2010 Page 2 of 3
of a prayer made, it is confined only to the property in Panchkula
being
agricultural land surrounded by road TRBL, Dental College, Old
Building and
fields 10 Km from Panchkula on Narain Garh State High way 2km inside
main road
District Panchkula Area Approx 717 kanal and 9 Marla in Village Billa
and Approx
44 kanal and 4 Marla in village Jaswanthagarh.
Learned counsel for the Committee says that in response to the sale
notice dated
amount of Rs. 10 lakhs was forfeited. She further says that steps are
being
taken to advertise the property again for sale. She, therefore,
submits that a
fresh advertisement dated
to be issued and, therefore, this application is infructuous.
In view of the statement made by learned counsel for the Committee the
application is disposed of as infructuous.
C.M. No. 4374/2010 in W.P. (C) No. 1399/2010
List this application along with C.M. No. 4340/2010 in W.P. (C) No.
1399/2010 on
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
W.P.(C) 1399/2010 Page 3 of 3
$
IN THE
HIGH COURT OF
W.P.(C) 1399/2010
NATIONAL INVESTOR FORUM REGD. ..... Petitioner
Through: Ms. Suruchi Aggarwal, Mr. Prashant Chauhan and Mr. Anish
K.V.,
Advocate.
versus
GOLDEN FORESTS INDIA LTD. ..... Respondent
Through: Mr. Raju Ramachandran, Sr. Advocate with Mr. Manoj Swarup,
Mr.
Ashok K. Singh and Mr. Ashish Mohan, Advocate for the Applicant.
CORAM:
HON?BLE THE ACTING CHIEF JUSTICE
HON?BLE MS. JUSTICE MUKTA GUPTA
O R D E R
19.04.2010
C.M. No. 4306-09/2010 in W.P. (C) No. 1399/2010
Issue notice.
Learned counsel for the Committee accepts notice and seeks some time
to
file a reply. She may do so within a week.
List on
W.P.(C) 1399/2010 Page 1 of 2
In the meanwhile, parties will maintain status quo with regard to the
property Hotel Drive Inn situated in Masoori, Uttarakhand.
ACTING CHIEF JUSTICE
MUKTA GUPTA, J
vn/mm
W.P.(C) 1399/2010 Page 2 of 2
7#
$