1. On 15.11.2019, we had passed judgment in Contempt Petition (C) No. 2120/2018 and the following directions were issued.
“51. In view of the above discussion, we, dispose of this contempt petition in the following terms:—
(i) We find Sameer Gehlaut, Director of Indiabulls Housing Finance Limited and Director of Indiabulls Ventures Limited (Contemnor Nos. 1 & 5), Gagan Banga, Director of Indiabulls Housing Finance Limited and Director of Indiabulls Ventures Limited (Contemnor Nos. 2 & 6), Ashwini Kumar Hooda, Director of Indiabulls Housing Finance Limited (Contemnor No. 3), Sachin Chaudhary, Director of Indiabulls Housing Finance Limited (Contemnor No. 4), Divyesh Bharat Kumar Shah, Director of Indiabulls Ventures Limited (Contemnor No. 7) and Pinank Jayant Shah, Director of Indiabulls Ventures Limited (Contemnor No. 8), who are active directors of IHFL and IVL of knowingly and wilfully disobeying the orders of this Court dated 11.08.2017, 31.08.2017 and 15.02.2018 as continued on 23.02.2018 and find them guilty of committing contempt of this Court. We will hear them on the question of sentence. We afford an opportunity to contemnor nos. 1-8 to purge themselves of the contempt by depositing the value of 12,25,000 shares as on 31.08.2017 in the Bombay Stock Exchange within eight weeks from today. In case, the said respondents purge themselves of the contempt, we may take a lenient view while imposing sentence.
(ii) Malvinder Mohan Singh, Director of Oscar Investments Limited and Director of RHC Holding Private Limited (Contemnor Nos. 9 and 12) and Shivinder Mohan Singh, Director of Oscar Investments Limited and Director of RHC Holding Private Limited (Contemnor Nos. 10 and 13) have knowingly and wilfully violated the orders of this Court dated 11.08.2017, 31.08.2017 and 15.02.2018 as continued on 23.02.2018. Therefore, we hold both of them guilty of committing Contempt of this Court. We give one chance to them to purge themselves of the contempt. We, direct that in case each of the contemnors deposits a sum of Rs. 1170.95 crores in this Court within eight weeks from today then we may consider dealing with them in a lenient manner, while imposing sentence.
(iii) In case any of the contemnors deposits the amount as directed hereinabove, this Court shall decide on the next date as to how this amount is to be disbursed.
(iv) The Registry is directed to register a suo motu contempt petition against RHC Holding Private Limited, Oscar Investments Limited, Malvinder Mohan Singh, Shivinder Mohan Singh and Fortis Healthcare Limited, for having wilfully violated the order of this Court dated 14.12.2018 and issue notice to them returnable for 03.02.2020 asking them to show cause why they should not be punished for contempt.”
Direction No. 1:
2. As far as direction No. 1 is concerned, the Contemnors, who were subject-matter of those directions have deposited an amount of Rs. 17,93,40,000/- and on 18.12.2019 we had passed another order. The relevant portion reads as follows:
“Keeping in view of the earlier order and facts that the Contemnors have not only deposited this amount but also filed the personal affidavit tendering apology, we hold that they have purged themselves of the contempt and we close the matter as against them.”
3. The amount of money so deposited shall be kept in an interest bearing FD initially for a period of one year.
Direction No. 2:
4. Both contemnors Malvinder Mohan Singh and Shivinder Mohan Singh are present in Court and they have been brought from judicial custody as they are in jail in respect of some other case. On the oral request made by learned Counsel for Malvinder Mohan Singh and Shivinder Mohan Singh, we direct Naresh Kumar, ASI who has brought them to this Court to ensure that both the detenus are permitted to meet their family members till 2.00 P.M., within the Supreme Court premises.
5. Shivinder Mohan Singh has filed an affidavit. We are not fully satisfied with the same. Ms. Meenakshi Arora, learned Senior Counsel, prays for some time to file a more detailed affidavit. Malvinder Mohan Singh and Shivinder Mohan Singh are directed to file fresh proposals as to how they want to purge themselves of the contempt. They may file an appropriate application as to how they would like to discharge their liability which is the subject-matter of the contempt petition, positively by 05.03.2020 with advance copies to all the parties and the matter be listed before the Court on 16.03.2020.
6. We also direct the jail authorities to ensure that Malvinder Mohan Singh can meet Ms. Vijaylakshmi Menon, Adv. and Ms. Anuradha Dutt, Adv. (DMD Advocates) 30, Nizamuddin East, New Delhi-110013 and Shivinder Mohan Singh, be permitted to meet Mr. Vivek Jain, Adv. 606-B, Adiswar Apartments, 34, Ferozshah Road, New Delhi - 110 001 for four hours on two occasions between this period and they will escort them to the offices of the counsel.
Direction No. 3: Shall be considered on the next date.
Direction No. 4:
Suo Motu Contempt Petition (Civil) No. 4 of 2019
7. Fortis Healthcare Limited (FHL) has filed reply to the suo motu contempt petition. We request the learned counsel for FHL to supply copies of the replies to M/s. Daiichi Sankyo Company Limited and also to Malvinder Mohan Singh and Shivinder Mohan Singh. Other alleged contemnors may file before the next date.
8. Learned counsel for the parties are requested to exchange the complete pleadings before the next date of hearing i.e. 16.03.2020.
IA D. No. 13394/2020:
9. Learned counsel for the contesting parties may file reply before 05.03.2020.
10. List on 16.03.2020.
IA No. 13399/2020:
11. Application for impleadment is allowed.
12. IA is disposed of.
IA No. 61075/2019:
13. Application for intervention is allowed.
14. IA is disposed of.
IA No. D. 61086/2019:
15. Learned counsel is permitted to file reply within four weeks.
16. List on 16.03.2020.
IA No. D. 19021/2019:
17. Application placing on record additional documents is allowed.
18. IA is disposed of.
IA No. 18216/2020:
19. Issue notice for application for impleadment. This application shall also be considered on the next date.
IA D. No. 8254, 8243, 8239/2020
20. These applications are filed on behalf of an independent shareholder of FHL.
21. Learned counsel for the contesting parties may file reply within four weeks.
22. List on 16.03.2020
23. List the matters on 16.03.2020.