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Judgment
Heard.
EA Nos. 199 and 233 of 2021 in CC No. 1951 of 2016
The learned counsel for the decree holders in EA Nos. 199 and 233 of 2021 submits, on instructions, that the matters have been settled and as such the complainants / decree holders wish to withdraw their respective EAs.
In the wake of the above submission, the EA Nos. 199 and 233 of 2021 are dismissed as withdrawn.
Unconditional liberty is however provided to the complainants / decree holders to revive their EAs, if they so wish, within 30 days by filing appropriate application(s).
EA Nos. 17, 62, 63, 77, 78, 80, 81, 82, 83, 84, 89, 90, 91, 99, 100, 101, 102, 103, 107, 122, 144, 161, 162, 166, 167, 172, 175, 176, 177, 178, 179, 188, 189, 220, & 227 of 2021 and 81 of 2022 in CC No. 1951 of 2016
The learned counsel (s) present for the decree holders submit that the respective decrees have not been satisfied in their entirety.
The learned counsel for the judgment debtor company and its directors and its officer concerned admits that the decrees have not been satisfied in their entirely / the matters have not been settled with the concerned decree holders.
The Registry is requested to issue recovery certificate within three days, positively, under Section 71 of The Consumer Protection Act, 2019 to the concerned District Collector requiring to recover the outstanding decretal amount from the judgment debtor company i.e. M/s Ansal Hi Tech Township Ltd. in the same manner as arrears of land revenue.
Mr. Aditya Parolia, learned counsel representing the decree holders in EA Nos. 81, 82, 83, 84, 100, 101, 102, 107, 188 & 227 of 2021 and E.A. No. 81 of 2022 submits that he has filed an application on 19.04.2022 in E.A. No. 188 of 2021 wherein he has inter alia given details of the promoters of the judgment debtor company. Learned counsel further submits that there are seven subscribers of which five have only 10 equity shares each and the other two subscribers namely Mr. Prabhu Nath Misra son of Late Mahadev Prasad Misra (r/o Sadhika Farms, behind Sector D-3 Block, Vasant Kunj, New Delhi – 70) and Mr. Rakesh Kumar Jain son of Sh. M.B.L. Jain (r/o 61, Mayfair Apartment, May Fair Garden, Hauz Khas, New Delhi) have 24975 equity shares each and as such are actually the main promoters of the judgment debtor company.
Mr. Illesh Shukla, learned counsel representing the decree holders in E.A. Nos. 89, 90, 91, 99, 103 and 189 of 2021 confirms the afore position apropos the promoters of the judgment debtor company.
The other learned counsel present for the decree holders also confirm the same.
Mr. Aditya Parolia, learned counsel inter alia also drawing attention to Hon’ble Supreme Court’s Order dated 08.09.2021 passed in SLP(C) No. 12150 of 2019 and two other connected matters submits that it is appropriate and expedient to immediately proceed for ‘enforcement’ and for ‘penalty’ against the two main promoters i.e. Mr. Prabhu Nath Misra and Mr. Rakesh Kumar Jain in the first instance. He accordingly requests that for ‘ enforcement ’ recovery certificate(s) under Section 71 of The Consumer Protection Act, 2019 may be immediately issued in the first instance to the concerned District Collector(s) requiring to recover the outstanding decretal amount from Mr. Prabhu Nath Misra and Mr. Rakesh Kumar Jain, the main promoters of the judgment debtor company, in the same manner as arrears of land revenue and that for ‘penalty’ for failure and omission to comply with the Order of this Commission proceedings under Section 72 of the Act 2019 may be initiated against them.
Mr. Illesh Shukla, learned counsel and the other learned counsel present for the decree holders make similar submissions.
The Registry is requested to issue recovery certificate(s) within three days, positively, under Section 71 of The Consumer Protection Act, 2019 to the concerned District Collector(s) requiring to recover the outstanding decretal amount from Mr. Prabhu Nath Misra and Mr. Rakesh Kumar Jain, the main promoters of the judgment debtor company, in the same manner as arrears of land revenue.
Mr. Prabhu Nath Misra and Mr. Rakesh Kumar Jain, the main promoters of the judgment debtor company, shall be present in person before this Commission on the next date of hearing to show cause as to why proceedings under Section 72 of the Act 2019 may not be initiated against them. They shall also bring with them their passports.
Vide the previous Order dated 20.04.2022 Mr. Mandeep Hamal, director of the judgment debtor company, and Mr. Anil Dagar, head of marketing & sales in the judgment debtor company, had been directed to be present in person before this Commission to show cause as to why proceedings under Section 72 of the Act 2019 may not be initiated against them. They had also been directed to bring with them their passports.
Mr. Mandeep Hamal and Mr. Anil Dagar are present in person today.
Mr. Mandeep Hamal, director of the judgment debtor company submits that he is about 31 years of age and he originally belongs to and was born in Nepal and has been staying and working in Delhi for some years now. He also submits that his educational qualification is matriculation and he does not possess any passport. He further submits that he is not aware whether his citizenship is of Nepal or of India, however he possess an Aadhaar Card and PAN. He furthermore submits that he was a field officer in the judgment debtor company. In August 2021 he was made a director of the judgment debtor company for which Mr. Sonu Kumar, a manager in the HR department of the judgment debtor company, made him sign on some papers. He gets meagre monthly remunerations of about Rs. 20,000/- only. He further submits that he is not at all in any position to give any assurance regarding satisfaction / settlement of the decrees. He denies having spoken with or given any instructions to Mr. Siddharth Thakur, learned counsel regarding satisfying all the decree / settling all the matters before 20.04.2022 (as was submitted by the learned counsel on 23.03.2022 and was recorded in para 4 of the Order dated 23.03.2022).
Mr. Aditya Parolia, learned counsel submits that the position as is being brought forth by the submissions made by Mr. Mandeep Hamal, director of the judgment debtor company, highlights and strengthens the fact that the main promoters, Mr. Prabhu Nath Misra and Mr. Rakesh Kumar Jain, have taken recourse to make dummy directors in the judgment debtor company as a facade.
Mr. Illesh Shukla, learned counsel and the other learned counsel present for the decree holders make similar submissions.
Mr. Anil Dagar, head of marketing & sales in the judgment debtor company submits that he is about 35 years of age, his educational qualification is MBA, he is a citizen of India and he possesses a passport. He also submits that he is not the head of marketing & sales in the judgment debtor company but is only a manager in the said wing. He submits that he is also not in any position to give any assurance regarding satisfaction / settlement of the decrees. He denies having spoken with or given any instructions to Mr. Siddharth Thakur, learned counsel regarding satisfying all the decree / settling all the matters before 20.04.2022 (as was submitted by the learned counsel on 23.03.2022 and was recorded in para 4 of the Order dated 23.03.2022). He further submits that the concerned officers occupying senior managerial positions in the judgment debtor company who would be in a position to give any assurance regarding satisfaction / settlement of the decrees are Mr. Vikas Jain, assistant vice president and Mr. Vinay Yadav, assistant vice president.
Mr. Anil Dagar also submits that he will deposit his passport with the Registrar of this Commission during the course of the day.
Mr. Anil Dagar shall deposit his passport with the Registrar of this Commission during the course of the day.
Mr. Mandeep Hamal and Mr. Anil Dagar shall be present in person before this Commission on the next date of hearing.
They shall furnish personal bonds of Rs. 25 lakh each with the Registrar of this Commission during the course of the day today.
In the contingency that any of the above-mentioned persons does not furnish his personal bond of Rs. 25 lakh with the Registrar of this Commission during the course of the day today, bailable warrant, with bail on furnishing personal bond of Rs. 25 lakh and one surety for like amount of Rs. 25 lakh, be issued against him, to appear / be produced before this Commission on the next date of hearing.
Mr. Vikas Jain, assistant vice president and Mr. Vinay Yadav, assistant vice president in the judgment debtor company are directed to be present in person before this Commission on the next date of hearing. They shall also bring with them their passports.
List on 29.04.2022.
‘Dasti’ in addition to all parties / learned counsel, to facilitate timely compliance.