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        Companies Law

        2017 (8) TMI 6 - SC - Companies Law

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        Supreme Court Orders Prompt Payment, Auction Terms Approval for Property Realization The Supreme Court directed SEBI to ensure prompt encashment of a significant cheque amount and approved auction terms for property realization. The ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Supreme Court Orders Prompt Payment, Auction Terms Approval for Property Realization

                              The Supreme Court directed SEBI to ensure prompt encashment of a significant cheque amount and approved auction terms for property realization. The respondent-contemnor was ordered to deposit specific sums by set deadlines, emphasizing timely action to prevent delays. Publication of sale notices and auction steps were mandated, with expenses covered by SEBI. The presence of parties in court was required, and interim orders were to continue. Withdrawals of applications were allowed, and a seized passport was to be released following the individual's sentence completion, with the Union of India's assistance.




                              Issues:
                              1. Extension of time for encashing a cheque amount by SEBI.
                              2. Auction of properties to recover dues.
                              3. Deposit of remaining amount by the respondent-contemnor.
                              4. Granting of time to deposit the amount by the respondent-contemnor.
                              5. Publication of sale notice and steps required for auction process.
                              6. Presence of respondent-contemnor and official liquidator in court.
                              7. Continuation of interim order.
                              8. Withdrawal of certain applications.
                              9. Release of passport seized from an individual.

                              Extension of Time for Cheque Encashment:
                              The Supreme Court directed SEBI to produce a cheque of a significant amount in the relevant bank account, warning of consequences if dishonored. The Court approved terms and conditions for auctioning a property, emphasizing the need for realization of funds promptly.

                              Auction of Properties:
                              SEBI raised objections to the respondent-contemnor's proposal to deposit a certain amount, while the respondent argued for more time citing the valuation of attached properties. The Court directed the respondent to deposit a substantial sum by a specified date, highlighting the importance of taking immediate steps for property auction to prevent delays in fund recovery.

                              Deposit of Remaining Amount:
                              The respondent-contemnor was directed to deposit a specific sum, including the balance amount, by a set deadline. The Court rejected pleas for further extensions, stressing the need for prompt action to avoid prolonging the proceedings.

                              Granting Time for Deposit:
                              After considering arguments, the Court ordered the respondent to deposit a substantial sum by a specified date, rejecting requests for a later deadline. Emphasis was placed on avoiding procrastination and ensuring timely progress in the auction process.

                              Publication of Sale Notice and Auction Steps:
                              The Official Liquidator was directed to publish a sale notice by a certain date, with expenses to be covered by SEBI's Sahara Account. The Court emphasized the need for immediate action in the auction process and required the respondent-contemnor's presence in court for the next hearing.

                              Presence in Court and Interim Order:
                              The respondent-contemnor and the Official Liquidator were instructed to be present in court for assistance. The interim order was to remain in effect until further notice.

                              Withdrawal of Applications and Passport Release:
                              Certain applications were withdrawn upon request. The Court directed the release of a seized passport after the individual served their sentence, with the Union of India undertaking to facilitate the process as required.
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                              ActsIncome Tax
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