2016 (10) TMI 371 - SC - Companies Law

Deposit of amount towards the liquidation of the outstanding liability - Held that - There is some confusion about the total amount payable by Saharas and the amount actually deposited by them so far. The figures being cited at the Bar need reconciliation. We direct that Saharas shall reconcile the figures with SEBI and file a joint statement as to the amount already deposited. SEBI may also after giving credit of the amount so deposited indicate the balance amount towards principal and interest due on the same before the next date of hearing. We have in the past while extending the interim arrangement directed deposit of a certain amount towards the liquidation of the outstanding liability. Saharas have complied with the said direction regarding deposit. In the circumstances and keeping in view the fact that even SEBI and Amicus agree to a road map being examined by this Court for liquidation of the balance liability, we extend the interim arrangement already made till 24th October, 2016 on the condition that the Saharas/contemnors shall deposit with SEBI a further sum of ₹ 200/- crores (Rupees Two hundred Crores only) during the intervening period. We make it clear that in case the deposit is not made, the Saharas shall stand committed to jail on 24th October, 2016, the date fixed for the next hearing.

Summary

Issues involved:
1. Sale of properties by SEBI and refund to prospective purchasers.
2. Verification of attachment orders by Saharas.
3. Proposal by Saharas to liquidate liability.
4. Reconciliation of amounts between Saharas and SEBI.
5. Extension of interim arrangement and deposit requirement.

Analysis:

1. Sale of properties by SEBI and refund to prospective purchasers:
The judgment addresses the sale of properties by SEBI, where only two out of eight properties could be sold due to six being already attached by the Income-tax Department. An amount of ?61.44 crores from the sale was credited to the SEBI Sahara Refund Account. Additionally, certain amounts received for the remaining properties will be refunded to prospective purchasers. Thirteen unencumbered properties have been advertised for sale on E-auction, with progress to be reported by the next hearing.

2. Verification of attachment orders by Saharas:
Mr. Sibal requested time to verify if Saharas were aware of the attachment orders for 47 out of 60 properties listed for sale through SEBI. He sought clarification on why this information was not disclosed to the Court. Saharas proposed to liquidate the liability in a lump sum and agreed to submit a scheme within a month. They committed to deposit the balance amount as per the scheme. The Court granted time until 24th October, 2016, for Saharas to furnish the proposed scheme.

3. Proposal by Saharas to liquidate liability:
To address confusion regarding the total amount payable by Saharas and the amount deposited, the Court directed reconciliation of figures with SEBI. Saharas were required to file a joint statement on the amount already deposited. An interim arrangement was extended till 24th October, 2016, with a condition for Saharas to deposit an additional ?200 crores during the period, failing which they would face consequences.

4. Reconciliation of amounts between Saharas and SEBI:
The judgment emphasized the need for reconciliation of figures between Saharas and SEBI. A joint statement on the amount already deposited was mandated, with SEBI to indicate the balance amount due on principal and interest before the next hearing. Compliance with deposit requirements was crucial to avoid adverse outcomes.

5. Extension of interim arrangement and deposit requirement:
Given the agreement for a road map to liquidate the remaining liability, the Court extended the interim arrangement until 24th October, 2016. Saharas were instructed to deposit ?200 crores during this period, with non-compliance leading to potential imprisonment on the next hearing date. The judgment disposed of certain applications and scheduled further proceedings for October 24, 2016.