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TMI Blog2018 (10) TMI 2038X X X X Extracts X X X X X X X X Extracts X X X X ..... . 14088, 14090, 14092, 14094, 14096 14098 of 2018. Ms. Sonal Kumar Singh, Advocate with Ms. Ishita Sharma, Advocate for applicant. Mr. Nitish Chaudhary, Advocate for Mr. Chetan Lokur, Advocate for applicant in I.A. 15031/2017 and 13462/2018. JUDGMENT MANMOHAN, J: (ORAL) I.As. 14089/2018, 14091/2018, 14093/2018, 14095/2018, 14097/2018 14099/2018 (for exemptions) in CS(OS) 176/2015 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est) are lying with the Registry of this Hon ble Court pursuant to a consent order dated 6.11.2017 whereby DIAL/Defendant No. 9 had been ordered to deposit the amounts as per the arbitral award dated 27.06.2017 with this Hon ble Court instead of paying the same to Defendant No. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatement is accepted. The rights and contentions of the said third class and the Defendants are left open. It is clarified that the stay on coercive action till 31.3.2019 does not apply in the cases of the parties with whom no settlement 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 Shar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a 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 68,15,000.00 29,40,000.00 60 60 Shahnaz Asif 74,23,000.00 29,40,000.00 61, 62 63 61, 62 63 Ashish Chhabra/Amitabh Chhabra/Nirmal Chhabra 2,10,00,000.00 50,00,000.00 64 64 Rajiv Vaswani 2,23,32,000.00 56,00,000.00 65 65 Seema V. Bhatnagar 1,38,00,000.00 14,00,000.00 66 66 Madhu Sudan Rateria 59,00,000.00 18,00,000.00 67 67 Aditya Rateria 59,00,000.00 18,00,000.00 68 68 Akshay Kapur 1,50,60,000.00 38,00,000.00 69 69 Manik Mahna 1,50,60,000.00 40,00,000.00 70 71 70 71 Gaurav Rakyan / Manju Rakyan 2,21,00,000.00 51,00,000.00 72 72 Sharad Kumar Patney 45,50,000.00 16,50,000.00 73 73 Prabhat 52,50,000.00 13,50,000.00 74 74 Sheela Rani 42,50,000.00 18,00,000.00 75 75 HIM Buildtech 2,03,87,500.00 48,00,000.00 76 76 Harinder Singh Kochar 1,34,50,000.00 44,50,000.00 77 77 Jugtar Kochar 1,34,50,000.00 44,50,000. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Sons (HUF) 39,87,000.00 9,75,000.00 122 9 Vanya Varma 47,25,000.00 12,00,000.00 123 10 Sumant Varma 47,25,000.00 12,00,000.00 124 11 The India Thermit Corporation Limited 2,89,14,000.00 40,15,833.33 125 126 12 13 Inder Mohan Singh (HUF) 56,80,840.00 13,50,000.00 127 14 Himmat Singh Gill 56,80,840.00 13,50,000.00 128 15 Jaiveer Gill 1,13,61,680.00 27,00,000.00 129 16 Amandeep Singh Bal 2,41,52,625.00 60,00,000.00 130 17 Amarpreet Singh Bal 2,41,52,625.00 60,00,000.00 131 18 Rakesh Sakhuja 25,00,000.00 6,50,000.00 132 19 Alka Sakhuja 25,00,000.00 6,50,000.00 133 20 Anmol Solutions Private Limited 2,91,20,000.00 72,00,000.00 134 21 Atul Joshi 19,16,667.00 5,00,000.00 135 22 Pravesh Joshi 19,16,667.00 5,00,000.00 136 23 Rani Joshi 19,16,666.00 5,00,000.00 137 24 Inder Jeet Arora 1,68,00,250.00 42,00,000.00 138 25 Jiwan Kumar Arora 1,68,00,250.00 42,00,000.00 139 26 Shalu Arora 22,50,000.00 6,25,000.00 140 27 Sunaina Arora 22,50,000.00 6,25,000.00 141 28 Satpal Arora 39,12,500.00 9,00,000.00 142 29 Nitin Arora 39,12,500.00 9,00,000.00 143 30 Manish Arora 39,12,500.00 9,00,000.00 144 31 Usha Arora 39,12,500.00 9,00,000.00 145 32 Virendra Prakash Kaushik 2,81,70,000.00 66,00,000.00 146 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar Singh 1,10,00,000.00 36,00,000.00 186 34 Gaurav Chhiba 1,46,96,000.00 39,50,000.00 187 35 Shiv Kumar Sharma 2,03,23,166.00 33,00,000.00 188 36 Akshay Kashyap 2,22,00,000.00 33,00,000.00 189 37 Lalit Wadhwa 2,58,37,000.00 48,00,000.00 190 38 Lalit Wadhwa 2,70,52,000.00 48,00,000.00 191 39 Kiran Virmani Divya Grover 1,10,37,000.00 18,00,000.00 192 40 Vidya Bhushan Jain HUF 1,58,57,800.00 27,00,000.00 193 41 Serenity 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 directs the defendant no. 9-DIAL to make any payment to defendant no. 2, then the defendant no. 9 shall deposit the said amount in CS (OS) 176/2015 with the Registry of this Court. With the aforesaid directions, defendant no. 9 is deleted from the array of parties. The Registrar General is directed to release payments in accordance with the consensual order passed today as well as the schedule annexed thereto. List before Registrar General on 15th October, 2018 for handing over of cheques to the counsel for the creditors. List before Court on 31st January, 2019. Amounts, if any, left after the disbursal to be retained by the Registry and kept in fixed deposit receipt. I.A. 1337/2015, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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