9911796707
TMI Blog2022 (8) TMI 505X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings pending before different NCLT Benches, the interim Orders those have been passed and the applications which have been filed and likely to be filed by the interveners, it will be appropriate in the interest of applicant/Union of India as well as the various respondents to have a common Bench for hearing of all the matters on merits. The plea of prejudice to respondents is a mirage. The various Company Petitions pending before different bench of Chandigarh, Jaipur, Ahmedabad, Kolkata, Chennai and Allahabad as set out in the prayer are directed to be transferred to New Delhi Bench along with all interim applications and case files. Thereafter, all the Company Petitions as mentioned in the prayer will be transferred to a Special Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of all the above stated Company Petitions/Applications, the proceedings in the said Company Petitions/Applications be allowed to be continued uninterrupted. iii. Direct that the interim reliefs granted by the various benches in the said Company petitions restraining the respondents from alienating their properties in any manner, what so ever be continued. 2. The Union of India, Ministry of Corporate Affairs (MCA) vide its order No. 07/115/2018/CL-II (NWR) dated 20.06.2018 ordered investigation into the affairs of 125 Adarsh Group of Companies LLPs to be carried out by the Serious Fraud Investigation Office (SFIO) in public interest. Pursuant to MCA order dated 20.06.2018, Director SFIO appointed a team of Inspector for carryin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, in the course of investigation, new materials came to be unearthed showing details of various other persons involved. In the course of investigation into the affairs of M/s. Adarsh Buildestate Limited 146 other entities or individuals were also enquired and an investigation report dated 09.05.2019 has been submitted to MCA. It is alleged by the applicant that in the course of enquiry and verification of records of various individuals and companies including group companies, huge deposits were collected from public by Adarsh Credit Cooperative Society Limited (ACCSL) which were siphoned off and misappropriated by various persons collective with Mr. Mukesh Modi and his family members and associates. The extent of fraud alleged the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have a common hearing and each individual who has a specific claim or justification in relation to any application can have it adjudicated on merits. The applicant will be able to give their response at the earliest if it is held before one particular bench. It is noted that Mr. Nipun Gautam, Ld. Counsel for the Respondent 137, 146 and 160 on the last date of hearing, undertook to file written statements by today, however, nothing has been placed on record. The counsels orally objected to the application pleading prejudice. 5. The applicant also has a difficulty in filing separate applications/petitions for disgorgements of assets before various benches where number of parties seeks different reliefs like impleadment, deletion etc. and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merits. The plea of prejudice to respondents is a mirage. 7. Therefore, in exercise of the power under Rule 16(d) of National Company Law Tribunal, 2016, I direct the various Company Petitions pending before different bench of Chandigarh, Jaipur, Ahmedabad, Kolkata, Chennai and Allahabad as set out in the prayer to be transferred to New Delhi Bench along with all interim applications and case files. Thereafter, all the Company Petitions as mentioned in the prayer will be transferred to a Special Bench consisting of Sh. Dharminder Singh, Member (Judicial) with Sh. Binod Kumar Sinha, Member (Technical). 8. The petition which is pending before Principal Bench i.e. C.P. No. 109/241-242/PB/2021 will also be transferred to the Special Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X
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