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2018 (10) TMI 2038
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.... Keeping in view the averments in the applications, applicants are exempted from filing the original and clear copies of the documents at this stage. Needless to say, this order is without prejudice to the rights and contentions of the parties. Accordingly, present applications stand disposed of. I.As. 14083/2018, 14084/2018, 14085/2018, 14086/2018, 14088/2018, 14090/2018, 14092/2018, 14094/2018, 14096/2018 & 14098/2018 in CS(OS) 176/2015 Present applications have been filed for impleadment. Learned counsel for applicants state that the present suit has been filed as a representative suit and since the applicants also belong to the same class of investors, they should be impleaded in the present suit. Learned counsel for applicants further state that in the event the present applications are not allowed, the applicants would not be able to get refund cheques which are to be handed over by the learned Registrar General in accordance with the orders already passed by this Court. Issue notice. Mr. Vishal Bhardwaj, learned counsel accepts notice on behalf of defendants No.1, 5 to 8. Ms. Avshreya P.S. Rudy, learned counsel accepts notice on behalf of defendant No.....
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..... 2. Since then, this Hon'ble Court has considered various methods and mechanisms for disbursal of the amount lying with it. After much deliberation, the Defendant Nos. 1 and 2, the Plaintiffs, and the other investors who were not arrayed as parties before this Hon'ble Court in Kamal Sharma and Ors. Vs. Blue Coast Infrastructure Development Pvt. Ltd. And Ors., CS (OS) 176 of 2015, have arrived at a mechanism to disburse the monies lying with this Hon'ble Court in the manner agreed as per the List dated 1.10.2018 supplied by the defendant no. 1 (appended herewith). The Defendant Nos. 3 - 8 have no objection to the aforesaid. The disbursal of the monies is being undertaken on a formula without prejudice to the rights and contention of the parties wherein all parties are receiving certain monies in partial satisfaction of their claims whereas the remainder of their claims will remain alive. It may be noted that in cases where there is no settlement agreement, the monies are being received by the investors without prejudice to their eventual claims. However, many of the Plaintiffs as well as parties not arrayed before this Hon'ble Court in Kamal Sharma and Ors. Vs. Bl....
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....tlement agreements have been entered with. The above compromise formula has been agreed through the good offices of Mr. Kirti Uppal, Senior Advocate and Mr. T.K. Ganju, Senior Advocate as well as with the assistance of the various other advocates appearing before this Hon'ble Court." 03.10.2018 UNIT HOLDERS OF REPRESENTATIVE SUIT : KAMAL SHARMA & ORS V/S BLUE COAST IN CS (OS) 176 OF 2015 S. No. PARTICULARS BALANCE AMOUNT DUE UPTO 31.03.2019 1 KAMAL SHARMA SUIT 81,29,62,431 24,32,56,234 2 KAMAL SHARMA IMPLEADMENT 79,32,53,583 21,75,21,383 3 MOU SIGNED AND UNITHOLDERS PAID PARTLY 57,86,82,249 16,14,00,982 4 MOU NOT SIGNED HOWEVER UNITHOLDERS PAID PARTLY 25,39,07,000 6,42,11,000 5 MOU SIGNING IN PROCESS 71,74,12,664 8,10,62,250 6 Wimberly Allison Tong & Goo UK Ltd. (OMP) (Enf.) (Comm.) 48 of 2016 3,33,48,803 3,33,48,803 TOTAL 3,18,95,66,730 80,08,00,652 S.NO PLANTIFF NO. NAME OF PLANTIFF / APPLICANT (A) BALANCE AMOUNT (D) DUE UPTO 31.03.2019 (E) 1 & 2 1 & 2 Kamal Sharma / Madhu Sharma 2,16,25,000.00 54,00,000.00 ....
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....00.00 36,00,000.00 41 41 Dhiraj Malhotra 51,80,200.00 19,00,000.00 42 42 Elisha Suri Malhotra 51,80,200.00 19,00,000.00 43 43 Sanjiv Dewan 2,07,37,000.00 50,00,000.00 44 44 Rupa Suri 1,04,60,400.00 25,00,000.00 45 45 AKLD Infotech LLP 2,84,00,000.00 89,50,000.00 46 46 Anil Kumar (HUF) 1,96,25,000.00 56,25,000.00 47 47 Dharmendra Kumar Agrawal 60,00,000.00 60,00,000.00 48 48 Achint Naveen 44,00,000.00 44,00,000.00 49 49 Deepak Luthra 94,38,000.00 23,76,000.00 50 50 Chandni Luthra 1,07,25,000.00 27,00,000.00 51 51 Manev Luthra 12,87,000.00 3,06,000.00 52 52 Manev Luthra 45,00,000.00 12,50,000.00 53 53 Shikha Chawla 45,00,000.00 12,50,000.00 54 54 Aseem Bhatia 1,60,00,000.00 1,12,00,000.00 55 55 Reema Pillai 1,65,00,000.00 24,00,000.00 56 56 Manika Chopra 2,26,00,000.00 53,00,000.00 57 57 Areeb Rizwan Khan 47,08,960.00 18,78,720.00 58 58 Imran Shafique Ansari 14,87,040.00 5,93,280.00 59 59 Rizwanullah Khan ....
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....1,525.00 9,33,975.00 98 3 Vikram Manak 11,41,525.00 9,33,975.00 99 4 Amit Garg 4,02,50,000.00 92,00,000.00 100 5 Parul Garg 4,02,50,000.00 92,00,000.00 101 6 Rajat Verma HUF 3,82,81,000.00 93,00,000.00 6 SUB-TOTAL 12,20,42,500.00 3,03,68,500.00 Applicant No. IA.No. 983/2016 102 1 Meena Prakash 1,27,00,000.00 30,00,000.00 103 2 Raghvendra Nath 25,22,700.00 6,75,000.00 104 3 Rita Nath 25,22,700.00 6,75,000.00 105 4 Anil Chuttani 88,71,500.00 20,50,000.00 Samir Kumar Dang 88,71,500.00 20,50,000.00 106 5 Manoj Chugh 1,26,00,000.00 30,75,000.00 107 6 Kiran Chugh 1,26,00,000.00 30,75,000.00 108 7 Kellsons Kashmir House 89,45,000.00 39,00,000.00 7 SUB-TOTAL 6,96,33,400.00 1,85,00,000.00 Applicant No. IA.No. 15031/2017 109 1 Kusum Bala Das 2,47,50,000.00 64,50,000.00 110 2 Sanjay Kumar 2,13,00,000.00 56,00,000.00 111 3 Vijay Singh Yadav 67,00,000.00 24,00,000.00 112 ....
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.... 34 Vijendra Kumar 1,96,66,400.00 48,00,000.00 148 35 Om Prakash Shekhawat 38,40,000.00 10,00,000.00 149 36 Mithlesh Shekhawat 38,40,000.00 10,00,000.00 150 37 Saroj Kanwar 76,80,000.00 19,50,000.00 37 SUB-TOTAL 34,52,92,453.00 8,19,43,883.33 Applicant No. IA.No. 24909/2017 151 1 Tarun Gandhi 1,21,82,115.00 27,50,000.00 152 2 Kavita Gandhi 1,21,82,115.00 27,50,000.00 81 Investors under Kamal Sharma Suit 81,29,62,431.00 24,32,56,234.00 71 Investors under Impleadment 79,32,53,583.00 21,75,21,383.33 152 TOTAL 1,60,62,16,014.00 46,07,77,617.33 MOU SIGNED AND UNITHOLDERS PAID PARTLY 153 1 Surender Kaur / Harman Singh / Amrita Singh 1,70,00,000.00 70,00,000.00 154 2 Sidharth Gupta 0.00 0.00 155 3 Neeru Arora 98,90,280.00 27,45,000.00 156 4 Pooja Arora 10,98,920.00 3,05,000.00 157 5 Ravi Saigal 43,50,000.00 33,00,000.00 158 6 Anupam Gupta 0.00 0.00 ....
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....y Real Estates 3,38,72,000.00 48,00,000.00 194 42 Surjeet Kaur Rekhi 2,62,80,000.00 63,00,000.00 195 43 Preeti Chhabra 2,62,80,000.00 63,00,000.00 43 SUB-TOTAL 57,86,82,249.00 16,14,00,982.00 MOU NOT SIGNED HOWEVER UNITHOLDERS PAID PARTLY 196 1 Suresh Raina 2,90,70,000.00 87,50,000.00 197 2 Mahendra Singh Dhoni 13,30,00,000.00 2,25,00,000.00 198 3 Rhiti Sports Management Pvt Ltd 2,35,00,000.00 1,20,00,000.00 199 4 Karan Singh 1,65,00,000.00 52,50,000.00 200 5 Jayant Sahai 33,55,500.00 33,55,500.00 201 6 Pranav Sahai 33,55,500.00 33,55,500.00 202 7 Kishore Kapur 2,24,90,000.00 30,00,000.00 203 8 Kanwar Davindra Singh & Amarjeet Kaur 2,26,36,000.00 60,00,000.00 8 SUB-TOTAL 25,39,07,000.00 6,42,11,000.00 MOU SIGNING IN PROCESS (Payments will start from 01.12.2018) 204 1 Akshay Puri / Ashok Puri 1,84,56,000.00 24,00,000.00 205 2 Aasmieet S Madan 5,95,18,000.00 30,00,000.00 206 3 Balraj Kapoor 3,74,95,000.00 ....
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....; 237 GRAND TOTAL 3,18,95,66,730 80,08,00,652 It is pertinent to mention that no winding up order has been passed against the defendant no. 1-company till date. Moreover, most of its creditors have settlement agreement and by releasing payments in accordance with the aforesaid consensual order, the plaintiff as well as other applicants/defendants who have filed impleadment applications will receive, in advance, payments till 31st March, 2019 and reminder of their claims and rights will remain alive and the defendants will also be complying with consensual settlement agreements. Even those creditors who have no settlement agreement will receive some succour without jeopardizing their rights to file appropriate proceedings. Consequently, the oral prayer for passing an order in terms of the aforesaid draft consensual order is accepted and it is directed that the draft consensual order reproduced hereinabove shall be read as an order of this Court. It is also clarified that in the event the Division Bench of this Court di....