Order no. 8               

The record is taken up for delivery of judgment.

Ld. Advocate for the complainant is present.

On perusal of the record we find that the opposite party no.1 The Branch Manager, Sahara India Commercial Corporation Ltd. and opposite party no.2 The Manager, Sahara India Commercial Corporation Ltd.

In Pinak Pani Mohanty vs Union of India the Hon’ble Apex Court on 29 March, 2023 observed as follows :

 “3. Having heard Shri Tushar Mehta, learned Solicitor General appearing on behalf of the Union of India and taking into consideration the facts narrated hereinabove and when it is reported that Rs. 2253 Crores had been taken out of the Sahara Credit Cooperative Society Ltd., i.e., one of the four Sahara Group Multi-State Cooperative Societies and deposited with SEBI in the “Sahara-SEBI Refund Account” and the amount lying in the “Sahara-SEBI Refund Account” is lying unutilized and the genuine depositors of the Sahara Group of  Cooperative Societies, which otherwise, shall be entitled to get back their money, the prayer sought in the present application seems to be reasonable and which shall be in the larger public interest / interest of the genuine depositors of the Sahara Group of Cooperative Societies. Therefore, the present application stands disposed of with the following directions :-

(i) Out of the total amount of Rs. 24,979.67 Crores lying in the “Sahara-SEBI Refund Account”, Rs. 5000 Crores be transferred to the Central Registrar of Cooperative Societies, who, in turn, shall disburse the same against the legitimate dues of the depositors of the Sahara Group of Cooperative Societies, which shall be paid to the genuine depositors  in the most transparent manner and on proper identification and on submitting proof their deposits and proof of their claims and to be deposited in their respective bank accounts directly.

(ii) The disbursement shall be supervised and monitored by Justice R. Subhash Reddy, Former Judge of this Court with the able assistance of Shri Gaurav Agarwal, learned Advocate, who is appointed as Amicus Curiae to assist Justice R. Subhash Reddy as well as the Central Registrar of Cooperative Societies in disbursing the amount to the genuine depositors of the Sahara Group of Cooperative Societies. This manner and modalities for making the payment is to be worked out by the Central Registrar of Cooperative Societies in consultation with Justice R. Subhash Reddy, Former Judge of this Court and Shri Gaurav Agarwal, learned Advocate.

(iii) Rs. 15 lakhs per month be paid to Justice R. Subhash Reddy, Former Judge of this Court and Rs. 5 lakhs per month be paid to Shri Gaurav Agarwal, learned Amicus Curiae towards their honorarium.

(iv) We direct that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs. 5,000 Crores at the earliest, but not later than nine months from today. The balance amount thereafter be again transferred to the “Sahara-SEBI Refund Account”.

In view of the above order passed by the Hon’ble Apex Court of India in Pinak Pani Mohanty vs Union of India on 29 March, 2023, the instant case cannot be proceeded herewith. The decree holder is at liberty to take proper steps to get back his legitimate dues with the judgment debtors in terms of the order of the Hon’ble Apex Court mentioned above.

In the light of the discussion made above no judgment can be passed in the instant complaint case.

Hence, it is

O R D E R E D

that the complaint case be and the same is dismissed in the light of the observation made above without cost.