Amrapali Group of Companies| 7 premises sealed; directors  in police custody till the ‘cataloguing’ of the documents : SC

Supreme Court: The Bench comprising of Uday U. Lalit and Dr D.Y. Chandrachud, JJ., gave certain directions pertaining to its earlier order in the case of  “Amrapali Group of Companies Case” and stated that 7 premises have been sealed.

The Apex Court on hearing the submissions and progress stated that for all the sealed premises the keys shall be handed over to the Forensic Auditors. The Forensic Auditors have submitted that the documents in respect of 46 companies have not been kept in a proper manner and are lying in a completely scattered fashion and disorganized manner.

The first task while keeping the note in regard to the “disorganized manner” in which the documents have been kept, the Court stated that this task of organization and cataloguing of the documents correctly is the need at present and further the documents which are presently lying in the custody are not secreted away.

The Supreme Court has further laid down certain directions while keeping the submissions of the Forensic Auditors and others in mind:

  • All three applicants and such personnel from their companies must render complete assistance during the organization and cataloguing of the documents.
  • Applicants shall remain personally present for next 15 days for the time specified, every day.
  • Police officer concerned shall personally supervise and see to it that the seals are opened at the specified time every day and are again resealed after the completion of that day’s operation.
  • Forensic Auditors are requested to depute representatives who will personally supervise the operation of cataloguing.
  • At no given point more than one premise will be de-sealed.
  • Operation for the day will be brought to the notice of Forensic Auditors so that the next day’s operations shall be planned out accordingly.
  • Till the documents required are supplied to the satisfaction of Forensic Auditors, the operations shall go on.
  • Forensic Auditors shall consider the feasibility of transferring the record which stands sealed from Rajgir and Buxar to any of the sealed places in Noida or Greater Noida.

The Supreme Court while concluding its order requested the internal auditors, the external auditors and the CFO who had worked with 46 companies in question to render assistance during the time of operation. Also, the three applicants will every day be brought to Hotel Park Ascent where they won’t be allowed to access mobiles or telephones or facility of meeting anyone without authorization by police.

The proceedings before DRT, Delhi in pursuance to this Court’s order are fixed for 15-10-2018, for which the representatives of the applicants shall be sent for representation with all the relevant documents and information.

The matter has been further listed for 24-10-2018. [Bikram Chatterji v. Union of India,2018 SCC OnLine SC 1923, Order dated 11-10-2018]

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