Gianjit Kaur Vs PACL CC 549/2016

24.5.2017 Present: Sh. NP Singh counsel for complainant.

None for opposite parties.

At this stage learned counsel for the complainant made a statement that under the directions of the Hon'ble Apex Court a Committee has been constituted for deciding such type of cases and therefore a direction may kindly be issued to the complainant to approach the committee for deciding the case.

2. During the pendency of the present complaint, it has come to the notice of this Forum the judgment passed by the Hon'ble Apex Court on 2.2.2016 in Civil Appeal No. 13301/2015 titled Subrata Bhattacharya Versus Securities and Exchange Board of India. The Hon'ble Apex Court in para No. 3 observed as.-

“3. The SEBI shall constitute a Committee for disposing of the land purchased by the Company so that the sale proceeds can be paid to the investors, who have invested their funds in the Company for purchase of the land. Hon'ble Mr. Justice R.M. Lodha, the Former Chief Justice of India, would be the Chairman of the said Committee. It would be open to the Hon'ble Chairman of the Committee to appoint such experts or other persons, as he might think it necessary, in consultation with the SEBI, so as to enable the Committee to sell the land and pay to the investors in a manner that might be decided by the said Committee.”

3. The Hon'ble Apex Court further observed in para No. 7 as.-

“ 7.The methodology with regard to recovery of amount by sale of the land and disbursement of the amount to the investors shall be overseen by the Members of the Committee.”

4. Hon'ble Apex Court further observed in para No. 12 and 13 as.-

“ 12. The amount, which is lying in the bank accounts of the Company and other cash belonging to the Company shall be released in favour of SEBI so that it can be used either for

disbursement in favour of the investors or for incurring necessary expenditure. If any amount has been deposited by the Company or by its Directors or by any other person on behalf of the Company in any Court, the same shall be released in favour of the SEBI, who shall have a separate account so as to deal with the same. The Committee shall also decide as to whether the staff of the Company should be continued or relieved.

13. The decision with regard to sale of property of the Company by the Committee shall not be interfered with by any Court.”

5. In these premises, we are of the opinion that this Forum is unable to pass an executable order against the opposite parties. Therefore, we dispose of the present complaint accordingly. However, the complainant is at liberty to approach the Hon'ble Committee to seek her claim. No order as to costs. Copy of this order be supplied to the parties free of cost. File be consigned to the record.

Member President Member