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Delhi Development Authority v/s Skipper Construction and Another

    IAs Nos. 15, 16, 23, 24, 25, 27, 30, 31, 32, 32-A, 32-B, 33, 41-49, 51-54, 61, 62, 63, 65 and 66 in SLP (C) No. 21000 of 1993
    Decided On, 15 March 1999
    At, Supreme Court of India
    By, HON'BLE JUSTICE M. JAGANNADHA RAO AND HON'BLE JUSTICE U. C. BANERJEE
   


Judgment Text
RECORD OF PROCEEDINGS


IA No. 24


1. IA No. 24 is for listing as Nos. 15, 16, 30 and 31 while IA No. 25 is for condonation of delay in filing IA No. 24. Inasmuch as as Nos. 15, 16, 30 and 31 are now listed, IA No. 24 has become infructuous and IA No. 25 becomes unnecessary. Therefore, as Nos. 24 and 25 stand disposed of IA No. 30 in SLP No. 21000 of 1993


2. This IA has been filed by Lt. Col. Jaswant Singh on 31-7-1995 for taking suitable action against various persons including Shri Prabhjot Singh Sabharwal, son of Shri Tejwant Singh and his wife Smt Harpreet Kaur on the ground of violation of the orders of this Court. It may be noticed that on 8-2-1995, an order was passed by this Court in SLP No. 21000 of 1993 as follows



"All the properties of the bank accounts standing in the names of the contemners and the Directors of M/s Skipper Construction Company Pvt. Ltd. and their wives, sons and unmarried daughters will stand attached." *


3. Para 4 of the application states that Shri Tejwant Singh has two sons, namely, Shri Prabhjot Singh and Shri Prabhjit Singh who are/were Directors in various Skipper Companies as detailed in IA No. 15, that the elder son of Shri Tejwant Singh, namely, Shri Prabhjot Singh along with his wife Smt Harpreet Kaur and Shri Tejwant Singh's uncle Col. Ujjal Singh (retd.) was the Director of a company styled as Technology Parks Ltd. That they were Directors as mentioned above is stated to be clear from letters dated 23-2-1993 and 26-3-1993 addressed to "Dear Plot Buyers"


4. It is also stated that Shri Prabhjot Singh has styled himself as P. S. Sabharwal to confound various plot-buyers


5. The judgment in the case of DDA v. Skipper Construction Co. (P) Ltd. ( 1996 SC 3923) states that the contention of Shri Prabhjot Singh Sabharwal in his counter-affidavit in IA No. 29 of 1996 that he was in no way concerned with the several companies pointed out by DDA (as belonging to Tejwant Singh and members of his family) and that he was interested only in one company, namely, Technological Park Pvt. Ltd., Noida, could not be accepted


6. This Court finally issued directions in sub-para (4) of para 35, in the above judgment, directing that the attachment of the properties belonging to Shri Tejwant Singh, his wife and children, which was already effective, should continue to be in force pending further orders. In that connection, the Court referred to various properties mentioned in IA No. 29 of 1996 as being the subject-matter of the attachment. It was not in dispute before the Court that one of the nine companies listed out in IA No. 29 of 1996 by DDA was Technology Park Pvt. Ltd


7. Prima facie it is, therefore, clear that the properties of Technology Park Pvt. Ltd. were attached by this Court as belonging to Shri Tejwant Singh, his wife and sons


8. It was mentioned by this Court in the above judgment that it was open to Shri Tejwant Singh, his wife or children to come forward with a proposal to sell the various properties mentioned in IA No. 29 of 1996 including the properties standing in the name of Technology Park Pvt. Ltd. and if this Court was satisfied about the bona fades of the deal, the attachment would be lifted on condition of deposit of the consideration into the Court. It was also stated that the deposit would be treated as a deposit towards the direction regarding deposit of Rs. 10 crores contained in the same judgment


9. It has been now brought to our notice that there is an advertisement in The Times of India dated 22-1-1999 at p. 6 by M/s Shikha Developers Ltd., Delhi, as follows



"PUBLIC NOTICE


It is notified that the flat purchasers in 23 and 26, Vaishali Housing Scheme, Ghaziabad, may contact at the site between 12 p.m. and 4 p.m. for reconstruction/redressal of their grievances regarding adjusting the outstanding liabilities of M/s Shikha Developers Ltd. against M/s Technology Park Ltd.; it is decided that the grievances of the prospective purchasers would be given top priority." *


10. The abovesaid notice was issued in the name of an advocate by the name of Mr Chandrashekhar. The learned Amicus Curiae, Shri Joseph Vellapally has stated before us that it has now been ascertained that the address of M/s Shikha Developers is D-77, Regal Building, Connaught Place, New Delhi and the address of Technology Park Ltd. is C-483, Sarita Vihar, New Delhi


11. It prima facie appears to us that there is a violation of the order of this Court prohibiting any sale of the property owned by Technology Park Pvt. Ltd. and that prima facie the violation of the orders of this Court is by Shri Prabhjot Singh and his wife Smt Harpreet Kaur. We have already referred to their assertion at an earlier stage that they were exclusive owners of this property, and Shri Tejwant Singh had no concern. This was not accepted. It has, therefore, become necessary to issue contempt notices to both Shri Prabhjot Singh as well as his wife Smt Harpreet Kaur


12. In a statement filed by counsel appearing for Tejwant Singh today before us, containing a list of properties of Shri Tejwant Singh, his wife, sons and daughters, it has been stated that so far as Shri Prabhjot Singh is concerned, his address was not known even to his father, Shri Tejwant Singh


13. In the circumstances, we direct contempt notices be issued through the Commissioner of Police, New Delhi. The Commissioner of Police will assure that these notices are served on Shri Prabhjot Singh, son of Shri Tejwant Singh and Mrs Harpreet Kaur, wife of Prabhjot Singh. Shri Prabhjot Singh and Mrs Harpreet Kaur are directed to be present in court on 5-4-1999 at 2 p.m. The Commissioner of Police, New Delhi will ensure the presence of the above two persons on that day before this Court


14. We also issue notice to M/s Shikha Developers Ltd. (address given above) to inform the Court about the details of the transactions entered into by them with Shri Prabhjot Singh and his wife Mrs Harpreet Kaur in relation to 23 and 26, Vaishali Housing Scheme at Ghaziabad and in relation to the property transactions of Technology Park Pvt. Ltd


15. It appears that in connection with Technology Park Pvt. Ltd. and its properties, a separate IA has been filed by T.P.L. Plot & Flat Allottees Association, 7178-D/7, Vasant Kunj, Delhi-70. The same is directed to be registered and listed on 5-4-1999. as Nos. 29 and 30 be also listed on 5-4-1999


IA No. 31


16. This IA is not pressed. It is disposed of accordingly


IAs Nos. 55, 59, 56, 57, 63, 35


17. These as will be listed on 19-4-1999. Mr H. N. Salve, Senior Counsel for Reserve Bank seeks time to obtain appropriate instructions after perusing the report of the two Deputy Governors of Reserve Bank. He is allowed to make out a copy of the report for his personal use from the original which is given to Shri Joseph Vellapally


IA No. 32


18. This IA has been filed by Col. Jaswant Singh seeking direction that a sum of Rs. 13 crores be directed to be set apart by DDA and for freezing the assets of Skipper Group of Companies including bank accounts and rent of No. 3 Aurangzeb Road


19. Inasmuch as we are dealing with the claims of persons as against Barakhamba property in IA No. 30 and inasmuch as there are already attachment orders of various properties of Skipper Group of Companies in that IA and the rent of No. 3 Aurangzeb Road is already being deposited in this Court (IA No. 32), there is no need to keep this IA pending. The same i.e. IA No. 32 is disposed of as unnecessary


IA No. 33


20. This IA is filed for taking on record the documents filed along with IA No. 32. As the documents are taken on record this IA No. 33 has become infructuous


IAs Nos. 32-A and 32-B


21. To be listed on 5-4-1999


IAs Nos. 23 and 61


22. In these as the relief claimed is for refund of the amount paid by the petitioners therein for Skipper Co. Inasmuch as the principal amount has since been returned to them these as Nos. 23 and 61 do not survive. However, the claim of these petitioners for interest will be dealt with in IA No. 62IA No. 27


23. This IA is by Bau Makhan Singh House Flat Buyers' Association and has been filed claiming interest on behalf of the flat-buyers. Inasmuch as this issue will be taken up in IA No. 62, this IA is not necessary. Whatever orders will be passed in IA No. 62, those orders will be for the benefit of these claimants in IA No. 27


IA No. 62


24. To be listed on 26-7-1999


IAs Nos. 41 to 49 and 51-54


25. Shri M. L. Verma, learned Senior Counsel wants to find out if any of the claimants have made claims before any other forum in regard to the same property. List on 26-7-1999. SLP (C) No. 21000 of 1993


26. Copies of the reports of Justice R. C. Lahoty and Justice

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O. Chinnappa Reddy in regard to the claims put forward by various claimants before January 1991 and subsequent to 1991, will be given to Mr Joseph Vellapally, AC. It will be open to Mr Vellapally to have copies issued to other counsel appearing in the cases and also to those whose claims were rejected. A detailed statement will be prepared in that regard as to which claims are rejected in the above reports and as to whether the claimants have approached any other forum. List on 26-7-1999 27. Registry is directed to list applications filed by Mr Raj Kumar Sareen through M/s S. Narain and Co. on 5-4-1999. Registry is also directed to list the application filed by Mr H. K. Puri in the matter of N. C. Dutta, Commissioner, Sanchita Investments on 5-4-1999 28. An application has been filed by Mayank Raj in respect of Symphony Apartment. The Registry is directed to list the same IA on 5-4-1999 29. IAs Nos. 15, 16, 65 and 66 to be listed on 5-4-1999 Court Masters.
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