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Smart Summary

Factual and Procedural Background

The Supreme Court of India heard the matter earlier than scheduled upon the consensus of the parties’ counsel. Pursuant to an earlier interim order reported as (2018) 18 SCC 617, eight independent directors and five promoter directors of Jaiprakash Associates Ltd. (JAL) were present in Court. JAL informed the Court that it was prepared to deposit Rs 275 crores towards liabilities owed to homebuyers, who voiced concerns about actual realisation of the money. The Court issued further directions concerning staged deposits, restrictions on transfer of assets, and the creation of an online portal to facilitate administration of claims.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

Jaiprakash Associates Ltd. (JAL)

  • Stated readiness to deposit Rs 275 crores immediately with the Registry of the Supreme Court.

Homebuyers

  • Expressed concern regarding the certainty and timeliness of receiving the deposited amounts.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
(2018) 18 SCC 617 Earlier interim order in the same proceedings Provided the background directive requiring the presence of independent and promoter directors at the current hearing.

Court's Reasoning and Analysis

The Court acknowledged the homebuyers’ concerns about actual receipt of funds and therefore imposed a concrete payment schedule on JAL. It ordered:

  • Immediate deposit of a demand draft for Rs 275 crores on the same day.
  • Additional deposits of Rs 150 crores by 13-12-2017 and Rs 125 crores by 31-12-2017.
  • Maintenance of the earlier direction to deposit a total of Rs 2000 crores, with indulgence only as to payment in instalments.
  • Prohibition on independent and promoter directors from alienating personal assets, extending the restraint to assets of their immediate and dependent family members, with contempt and criminal liability attached for violations.
  • Appointment of the Amicus Curiae to create a web portal within a week for administration of claims, funded by Rs 5 lakhs to be provided by JAL’s counsel.

The Court balanced the need to secure funds for aggrieved homebuyers with procedural fairness, ensuring transparency through the portal and personal accountability by restricting asset transfers.

Holding and Implications

ORDER: The Court directed staged deposits totalling Rs 2000 crores, mandated immediate deposit of Rs 275 crores, restrained directors and their families from alienating assets, and set procedural steps for monitoring through an online portal, with the matter to be listed on 10-1-2018.

Implications: The order secures interim financial relief for homebuyers, imposes strict asset-preservation measures on JAL’s directors, and establishes a digital mechanism for claim administration. The decision is confined to the ongoing proceedings and does not set a broader legal precedent beyond reinforcing the Court’s supervisory powers in protecting stakeholder interests during corporate insolvency disputes.

    Chitra Sharma And Others v. Union Of India And Others

    Order

    1. Though these matters were to be taken up at 2.00 p.m., the learned counsel for the petitioners; Mr K.K. Venugopal, learned Attorney General and the learned Senior Counsel for the respondents agreed to have it taken in the first hour. In pursuance of the earlier order (2018) 18 SCC 617, eight independent Directors and five promoter Directors are present.

    2. It is submitted by the learned Senior Counsel appearing for Jaiprakash Associates Ltd. (JAL) that the company is ready with Rs 275 crores. The homebuyers raised their concern about the realisation of the amount. This Court appreciates the grievance and the concern of the homebuyers.

    3. We think it would be appropriate to direct as follows:

    (a) A demand draft of Rs 275 crores be deposited by Mr Anupam Lal Das, learned counsel appearing for the company, before the Registry of this Court, today.
    (b) A sum of Rs 150 crores be deposited by 13-12-2017.
    (c) A further sum of Rs 125 crores be deposited by 31-12-2017.
    (d) Neither the independent Directors nor the promoter Directors shall alienate their personal properties or assets in any manner, and if they do so, they will not only be liable for criminal prosecution but contempt of the court.
    (e) That apart, we also direct that the properties and assets of their immediate and dependant family members should also not be transferred in any manner, whatsoever.

    4. Needless to say that direction for deposit of Rs 2000 crores shall remain as it is. The only indulgence is to pay the same in instalments.

    5. Mr Pawanshree Agrawal, who had been appointed as Amicus Curiae on an earlier date, shall create a portal within a week and do the needful as he has done in similar matters. Mr Anupam Lal Das, learned counsel shall provide all the details as required by Mr Pawanshree Agrawal. Mr Anupam Lal Das shall provide a sum of Rs 5 lakhs to Mr Pawanshree Agrawal for creation of the portal and to carry on the consequential activities. Matters be listed on 10-1-2018. On that day, all the independent Directors and promoter Directors of Jaiprakash Associates Ltd., shall remain present. Copies of the affidavits deposed by all the five promoter Directors, shall be served on the Central Agency, so that the learned Attorney General can be made aware of that. Call on the date fixed.

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    Chitra Sharma And Others v. Union Of India And Others
    (Nov 22, 2017)