ANANT KAJARE Vs. EKNATH AHER & ANR
LAWS(SC)-2019-2-165
SUPREME COURT OF INDIA
Decided on February 12,2019

Anant Kajare Appellant
VERSUS
Eknath Aher And Anr Respondents

JUDGEMENT

- (1.) Ia NO. 104710/2018 By our Order dated 23rd October, 2018, the project at Nagpur was allowed to proceed subject to Directors of three companies filing affidavits stating that any differential amount pursuant to forensic audit have to be deposited by them. Accordingly, the Directors of Luxora Infrastructure Pvt. Ltd., Aanya Properties Ltd. and Access Investments India have filed the necessary affidavits. Until the forensic audit is complete, no further orders on this Interlocutory Application. IA NO.113400/2018 AND 119126/2018
(2.) Shri C.U. Singh, learned senior counsel appearing these two I.As. at present will take instructions on whether his clients will buyout shares held by the two Goenkas and their associate companies. Adjourned by two weeks. IA NO.88181/2018 Adjourned. IA NOS. 90754/2018 AND 90757/2018 (Intervention/Directions)
(3.) Shri Neeraj Kishan Kaul, learned senior counsel appearing in these I.As has pointed out an interim forensic report of Deloitte dated 10th December, 2018 in which prima facie circular trading has been found to the extent of 25 crores out of 232 crores. Shri Kaul says that affidavits by way of undertakings will be filed by Director, IDFC Real Estates Yield Fund, on behalf of IDFC Real Estates Yield Fund, in which it is made clear that any amount that is ultimately found by this Court to be linked to any of the companies and associate companies and sister companies of the two Goenkas Om Parkash Goenka and his son, upto 232 crores will be paid over to this Court. The money that may be realised on sale of flats may further be used by IDFC subject to this undertaking. The attachment of this project will be lifted. IA NOS.107708/2018 AND 121073/2018 Adjourned. IAs by Banks (IA NOS.86815/2018, 88185/2018, 87012/2018, 87018/2018, 138910/2018 AND 20912/2019 All IAs by Cosmos Bank are adjourned. All IAs by Bank of Baroda are also adjourned. IA NOS.129326/2018, 129328/2018 AND 447/2019;


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