Delhi Development Authority v. Skipper Construction (SC)
BS600254
SUPREME COURT OF INDIA
Before:- M. Jagannadha Rao and U.C. Banerjee, JJ.
I.A. Nos. 15, 16, 29, 30, 32A, 32B, 55-56, 57, 59, 63, 65, 66, 67, 68, 69, 70 and 71 in Petition(s) for Special Leave to Appeal (Civil) No. 21000 of 1993 (From the judgment and order dated 9-12-93 in Suit No. 770 of 1993 of the High Court of Delhi at New Delhi). D/d.
10.05.1999.
Delhi Development Authority - Petitioner
Versus
Skipper Construction and Anr. - Respondent
Constitution of India, 1950 Article 32 Writ Construction of Skipper Tower - Delhi Police Establishment directed to permit Petitioners Chartered Account to inspect files seized by Crime Branch.
[Para ]
JUDGMENT
Ms. Madhu Kamboj is present. She is impleaded as a respondent in SLP (C) No. 21000/93, being a director of Technology Park Ltd. She takes time to engage a counsel.
2. It is stated by Mr. R.K. Jain, Learned senior counsel appearing for Mr. Prabhjot Singh that various records of skippers Towers initially seized by the Crime Branch are in the custody of the Delhi Police Establishment. If the files are in the custody of the said department, the petitioners Chartered Accountant will be permitted by the said department to inspect the said records to enable Mr. Prabhjot Singh to gave necessary information asked for by this Court.
3. In case the records of Skippers Towers have been filed by the above department in any court, it will be open to Mr. Prabhjot singh to make application to that court for the purpose of inspection by his Chartered Accountant. If any such application is filed before any criminal court, the said Chartered Accountant will be permitted to make inspection and take such notes as he may deem fit for the purpose of the case before the Supreme Court.
4. Copies of the two reports of Hon'ble Mr. Justice O. Chinnappa Reddy and one report of Hon'ble Mr. Justice R.C. Lahoty be given to Mr. R.K. Jain on payment of usual charges.
5. Mr. Prabhjot Singh will intimate by an affidavit as to when the third Director in Technology Park Ltd., resigned-whether before or after entering into the agreement of sale/sales.
6. If any application is made on behalf of Mr. Prabhjot Singh for bail before any Criminal Co t pursuant to the warrants issued by any Criminal Court, the said application will be considered in accordance with law after hearing such parties as are interested.
7. Mr. Prabhjot Singh will come forward with a draft scheme elating to the manner in which he would like the claims to be satisfied and liabilities to be discharged.
8. Mr. ND Garg appears for Mr.Tejwant Singh and his wife. He is also directed to come forward with a Scheme for discharging the liabilities and satisfying the claims.
9. In the affidavit dated May 6,1999 filed by Mr. Prabhjot Singh he has given a list of properties held by him list of properties held by "Skippers", properties held by Tejwant Singh and properties held by Prabhijit Singh (his brother). Mr. R.K. Jain, learned senior counsel has requested attachment of these properties.
10. If any attachment has already been ordered by this Court in respect of these properties, there is no need for fresh attachment but the previous attachment order shall continue to be in force. If the previous order does not cover some of the properties listed, as stated above, in the annexure to the the affidavit of Shri Prabhjot Singh dated May 6, 1999 there shall be an attachment of these other properties.
11. The undertaking filed along with this affidavit is also taken on record.
12. In the event of Prabhjot Singh being released on bail by the Criminal Court, he shall report to the A.C.P. (Crime Branch), Police Headquarters, or if the said officer is not available, to any other officer available in the police headquarters and Mr. Prabhjot Singh will report as aforesaid at 10.00 A.M. and the police shall release him within half an hour. He shall not leave the National Capital Territory of Delhi and Noida without seeking the permission of this Court. His attendance will be marked in the daily diary and the Police Officer will also sign in the daily diary maintained by Mr. Prabhjot Singh.
13. List the matters on 19th July, 1999 at 2.00 P.M.
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