Listed On: | 06-05-2025 |
Court No.: | 14 |
Item No.: | 40 |
SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
PETITION FOR SPECIAL LEAVE PETITION (CIVIL) NO. 004540/2025
With
Interlocutory Application No(s) 42639/2025, 42640/2025, 42641/2025, 50930/2025, 74877/2025, 107649/2025
(PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, PERMISSION TO FILE LENGTHY LIST OF DATES EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, MODIFICATION OF COURT ORDER)
Process Id: 554/2025
JOHNSON KA | ... Petitioner(s) |
VERSUS | |
EVAAN HOLDINGS PVT LTD and others | ... Respondent(s) |
" 1. Re-list on Monday i.e., 24.02.2025.
2. Court notices will be issued to the nominated/Standing counsel for the Reserve Bank of India (RBI) and the learned counsel appearing for the RBI before the High Court.
3. In the meanwhile, the counsel for the parties shall file written synopses, not exceeding four pages, citing relevant page numbers vis-a-vis the pleas and contentions raised by them.
4. The petitioner is also given liberty to file a reply to the show cause notice issued by the RBI.
5. The RBI, notwithstanding the pendency of the present Special Leave Petition as well as the directions given in the impugned judgment, would be entitled to pass appropriate orders thereon in accordance with law."
This matter was lastly listed on 24.02.2025 and the Hon'ble Court was pleased to pass the following order:
In this matter, several issues and questions have been raised for consideration. Notably, the scope and ambit of the order passed by the learned single Judge of the High Court of Delhi dated 26.10.2024 is under scrutiny, particularly in the light of the ongoing proceedings concerning oppression and mismanagement before the National Company Law Tribunal1/ National Company Law Appellate Tribunal2, which are currently seized of the matter. The primary prayer in the writ petition pertains to the alleged inaction or failure on the part of the Reserve Bank of India3 in fulfilling its obligations. However, it is pertinent to note that the interim directions issued by the learned Judge appear to address and adjudicate all issues and contentions inter se the parties, including those that are sub-judice before the NCLT/NCLAT and the RBI.
Issue notice, returnable in the week commencing 14.04.2025.
Notice is accepted by Mr. Sahil Tagotra, learned counsel, who is present in Court on advance notice/caveat for respondent No. 1. Hence, notice need be served on the said respondent.
Respondent No. 2, RBI, is represented upon notice being issued to it by this Court, vide order dated 17.02.2025.
Notice shall be served upon the unrepresented respondents by all modes, including dasti, upon steps being taken within ten days from today.
As an interim measure, the following directions are issued: -
(i) There shall be stay of operation of the directions issued in the order dated 23.10.2024 passed by the learned single Judge in W.P.(C) No. 9877/2024, which supersedes the Board of Directors of respondent No. 7, Exclusive Capital Limited, and appoints an Interim Committee of Administrators4. For the time being and till the date of this order, the payments to be made to the ICA, as per the said order, shall be borne by the writ petitioner.
(ii) The orders passed by the NCLAT in relation to the appointment of the Observer, including the directions and powers given to such Observer, shall, however, continue to operate.
(iii) Till the next date of hearing in the present special leave petition, we find it appropriate to direct that the respondent No. 7, Exclusive Capital Limited, shall continue with its day-to day business activities. However, it shall not enter into any financial transaction exceeding â¹10,00,000/- (Rupees Ten Lakhs only) without prior notice to the Observer. If the Observer deems it appropriate, he may bring the details of such transaction to the notice of the NCLT, where proceedings under Section 242 of the Companies Act, 2013, are pending. The NCLT may, thereupon, pass appropriate orders.
(iv) The proceedings before the RBI, pursuant to its show-cause notice and in view of the liberty granted by this Court, vide order dated 17.02.2025, shall continue and appropriate orders shall be passed, preferably within a period of four weeks from today.
(v) The observations recorded in the order passed by the learned single Judge and in the impugned judgment will not influence the RBI when it takes a decision. The RBI shall also not be influenced by this order, granting stay. It shall take an independent decision on the merits of the matter and proceed in accordance with law.
(vi) Liberty is granted to the writ petitioner and the shareholders, who have moved the NCLT, to move an application before the NCLT/NCLAT seeking appropriate directions. If any such application is filed, the same will be considered and decided in accordance with law, without being influenced by the impugned judgment, including the order of the learned single Judge and the present order, granting stay.
(vii) The proceedings before the NCLT/NCLAT may
continue. It will be equally open to the
petitioner before us, who is the respondent
before the NCLT and the petitioner before the
NCLAT, to contest/pursue the proceedings.
2. There are six respondent(s) in the matter and in view of aforesaid order, notice was issued to Mr Ramesh Babu, Standing Counsel for RBI by email on 20.02.2025.
Name of the Parties | Notice issued on | Notice served on | Status | Remarks |
---|---|---|---|---|
RESPONDENT No. - 1 to 6 | 21.03.2025 |
Name of the Parties | Vakalatnama file by Advocate on-Record/ Memo of Appearance by Party in-person | Counter Affidavit filed on | Rejoinder Affidavit filed on | Page No(s) | Remarks |
---|---|---|---|---|---|
RESPONDENT No. - 1 EVAAN HOLDINGS PVT LTD | Mr. Sahil Tagotra | ||||
RESPONDENT No. - 2 RESERVE BANK OF INDIA | Mr. Ramesh Babu | ||||
RESPONDENT No. - 3 RAJEEV UBEROI | service is awaited | ||||
RESPONDENT No. - 4 KRISHNAMA CHARY MUDUMBA | service is awaited | ||||
RESPONDENT No. - 5 OM PRAKASH SHABHARIA | Ms. Namita Suri | ||||
RESPONDENT No. - 6 HARVINDER SINGH | Ms. Namita Suri | ||||
PETITIONER No. - 1 JOHNSON KA | Mr. Vaibhav Manu Srivastava |
S.No. | Appln. No. | Name of Advocate on-record | Filed on | Description of Application/Affidavit/Document | Page No | Remarks |
---|---|---|---|---|---|---|
1 | 42639/2025 | 2447 - VAIBHAV MANU SRIVASTAVA | 15-02-2025 14:35:06 | PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES | included | |
2 | 42640/2025 | 2447 - VAIBHAV MANU SRIVASTAVA | 15-02-2025 14:35:20 | PERMISSION TO FILE LENGTHY LIST OF DATES | included | |
3 | 42641/2025 | 2447 - VAIBHAV MANU SRIVASTAVA | 15-02-2025 14:35:29 | EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT | included | |
4 | 46063/2025 | 2447 - VAIBHAV MANU SRIVASTAVA | 19-02-2025 13:01:31 | AFFIDAVIT OF SERVICE | included | |
7 | 48168/2025 | 2447 - VAIBHAV MANU SRIVASTAVA | 21-02-2025 10:52:24 | WRITTEN SUBMISSION/STATEMENT | included | |
8 | 50930/2025 | 2447 - VAIBHAV MANU SRIVASTAVA | 25-02-2025 09:56:35 | PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES | 1-654 | circulated |
9 | 74877/2025 | 2447 - VAIBHAV MANU SRIVASTAVA | 25-03-2025 13:12:49 | PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES | 1-9 | circulated |
10 | 107649/2025 | 2447 - VAIBHAV MANU SRIVASTAVA | 28-04-2025 13:14:02 | MODIFICATION OF COURT ORDER | 1-431 | circulated |
DATE: 05-05-2025
ASSISTANT REGISTRAR
Copy to :-
1 |
Mr. Vaibhav Manu Srivastava Chamber No. 407, Block Iii, Delhi High Court, New Delhi - 03 Delhi
|
2 |
Mr. Sahil Tagotra 229 M.c.setalvad New Lawyers Chambers Supreme Court Of India New Delhi Delhi
|
3 |
Mr. Ramesh Babu M. R. 407, New Lawyers Chamber M.c Setalwad Chambers Supreme Court New Delhi New Delhi
|
4 |
Mr. Namit Suri 120, Lawyers Chambers Block-i, High Court Of Delhi, And Lex Indis Law Offices, H-75, South Extension, Part-i, New Delhi-110049 New Delhi
|
5 |
Mr. Namit Suri 120, Lawyers Chambers Block-i, High Court Of Delhi, And Lex Indis Law Offices, H-75, South Extension, Part-i, New Delhi-110049 New Delhi
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