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 Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court

Bikram Chatterji & Ors. vs Union Of India & Ors.
June, 27th 2018
                                            1


     ITEM NO.10                    COURT NO.9                SECTION X

                         S U P R E M E C O U R T O F     I N D I A
                                 RECORD OF PROCEEDINGS

         Writ Petition(s)(Civil)   No(s).   940/2017

     BIKRAM CHATTERJI & ORS.                                  Petitioner(s)

                                          VERSUS

     UNION OF INDIA & ORS.                              Respondent(s)
     (and IA No.6608/2018-CLARIFICATION/DIRECTION and IA No.6855/2018-IA
     FOR GRANTING PERMISSION TO ACCESS THE PORTAL FACILITY[AT 2.00 P.M.]
     WITH
     W.P.(C) No. 1018/2017 (X)
     (FOR ADMISSION and IA No.124191/2017-INTERVENTION APPLICATION and
     IA No.124195/2017-CLARIFICATION/DIRECTION and IA No.125372/2017-
     impleading party and IA No.126340/2017-impleading party and IA
     No.7355/2018-CLARIFICATION/DIRECTION and IA No.19415/2018-
     impleading party)

      W.P.(C) No. 971/2017 (X)
     (FOR ADMISSION and IA No.102714/2017-CLARIFICATION/DIRECTION)

      W.P.(C) No. 947/2017 (X)
     FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 100453/2017 and IA
     No.6312/2018-CLARIFICATION/DIRECTION)

      W.P.(C) No. 1041/2017 (X)
     (FOR ADMISSION and IA No.109963/2017- and IA No.25742/2018-
     CLARIFICATION/DIRECTION)

      W.P.(C) No. 1144/2017 (X)
     FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 124701/2017)

      W.P.(C) No. 1116/2017 (X)
     (FOR ADMISSION and IA No.6467/2018-impleading party and IA
     No.16303/2018-impleading party and IA No.25807/2018-impleading
     party)


      W.P.(C) No. 1156/2017 (X)
     (and IA No.7144/2018-impleading party and IA No.26102/2018-
     impleading party and IA No.26108/2018-impleading party)
Signature Not Verified


      W.P.(C) No. 1206/2017 (X)
Digitally signed by
NEELAM GULATI
Date: 2018.05.14

     (FOR ADMISSION and IA No.135678/2017-APPROPRIATE ORDERS/DIRECTIONS)
17:01:41 IST
Reason:




      W.P.(C) No. 1242/2017 (X)
     (FOR ADMISSION and IA No.25205/2018-impleading party)
                                 2

 W.P.(C) No. 21/2018 (X)
(FOR ADMISSION)

 W.P.(C) No. 74/2018 (X)

W.P.(C) No. 91/2018 (X)
(IA No.26117/2018-INTERVENTION/IMPLEADMENT and IA No.26540/2018-
INTERVENTION/IMPLEADMENT)

 W.P.(C) No. 57/2018 (X)
(FOR ADMISSION)

 W.P.(C) No. 56/2018 (X)
(FOR ADMISSION and IA No.12210/2018-EXEMPTION FROM FILING O.T. and
IA No.26128/2018-impleading party)

 W.P.(C) No. 58/2018 (X)
(FOR ADMISSION and IA No.12323/2018-EXEMPTION FROM FILING O.T.and
IA No.26123/2018-impleading party)

 W.P.(C) No. 52/2018 (X)
(FOR ADMISSION and IA No.11332/2018-EXEMPTION FROM FILING O.T.

 W.P.(C) No. 131/2018 (X)
(IA No.25109/2018-APPLICATION FOR STAY/DIRECTIONS)

 W.P.(C) No. 134/2018 (X)
(IA No.27092/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)

 W.P.(C) No. 160/2018 (X)

W.P.(C) No. 182/2018 (X)

W.P.(C) No. 164/2018 (X)

W.P. (C) No. 942/2017

with
W.P.(C ) No. 246/2018
W.P.(C ) No. 226/2018
W.P. (C ) No.298/2018
W.P. (C ) No,306/2018
W.P. (C ) No.8/2018
W.P. (C ) No.199/2018
W.P. (C ) No.245/2018
W.P. (C ) No.267/2018
W.P. (C ) No.288/2018
W.P. (C ) No.281/2018
W.P. (C ) No.378/2018
W.P. (C ) No.353/2018
                                   3



Date : 10-05-2018 These matters were called on for hearing today.

CORAM :
          HON'BLE MR. JUSTICE ARUN MISHRA
          HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s)
                    Mr.   M.L. Lahoty, Adv.
                    Mr.   Paban K. Sharma, Adv.
                    Ms.   Ishit Bist, Adv.
                    Mr.   Janmesh Kumar,Adv.
                    Mr.   Anchit Sripat, Adv.
                    Mr.   Himanshu Shekhar, Adv.

                    Mr. Abhinav Jain, Adv.
                    Mr. Himanshu Shekhar, AOR

                    Mr. Jamnesh Kumar, Adv.
                    Mr. Himanshu Shekhar, AOR

                    Mr.   Ajit Kumar Sinha, Sr.Adv.
                    Mr.   Ashwarya Sinha, AOR
                    Mr.   Shwetabh Sinha, Adv.
                    Ms.   Alankrita Sinha, Adv.

                    Ms. Nitya Ramakrishnan, Adv.
                     Ms. Priyanka Rao, Adv.
                     Mr. Shadan Farasat, AOR
                     Ms. Rudrakshi Deo, Adv.

                    Mr.   D.K. Garg, Adv.
                    Mr.   Abhishek Garg, Adv.
                    Mr.   Dhananjay Garg, Adv.
                    Mr.   Deepak Mishra, Adv.
                    Mr.   Rahul Agarwal, Adv.
                    Mr.   R.P. Bansal, Adv.
                    Mr.   Randhir K. Sinha, Adv.

                    Mr.   Dinesh Kumar Garg, Adv.
                    Mr.   Dhananjay Garg, Adv.
                    Mr.   Abhishek Garg, Adv.
                    Mr.   Deepak Mishra, Adv.
                    Mr.   R.P. Bansal, Adv.
                    Mr.   Rahul Kumar Agarwal, Adv.
                    Ms.   Chandan Ramamurthi, AOR

                    Mr.   R. Sathish, AOR
                    Mr.   Mohan Das K.K.,Adv.
                    Mr.   Rajesh Kumar, Adv.
                    Ms.   S. Geetha, Adv.
               4

Ms. Smitha Rani, Adv.


Mr. Sayaree Basu Mallik, AOR

Mr.   Vivek Narayan Sharma, AOR
Mr.   Sidharth Mahajan, Adv.
Mr.   Shubham Awasthi, Adv.
Mr.   Akash Sharma, Adv.
Mr.   Rajeev Kumar Jha, Adv.
Mr.   Ajay Singh, Adv.

Mr. Rameshwar Prasad Goyal, AOR

Mr. Prithvi Pal, AOR
Mr. Kamlesh Kumar, Adv.
Mr. Rajeev Lochan, Adv.

Mr. Shovan    Mishra, AOR

Mr.   Sanjeev Sen, Adv.
Mr.   Raj Kamal, AOR
Mr.   BNS Marok, Adv.
Mr.   Maheen Pradhan, Adv.
Mr.   Bhaskar Aditya, Adv.

Mr. Gopal Jha, AOR
Mr. Kumar Meherar, Adv.

Ms. Anjana Prakash, Sr.Adv.
Mr. Sukant Vikram, Adv.

Ms.   Mahalakshmi Pavni, Sr. Adv.
Mr.   M.S. Vishnu Sankar, Adv.
Ms.   Athira G. Nair, Adv.
Ms.   Usha V. Nandini, Adv.

Mr. Manish Saran, Adv.
Mr. Mukesh Kumar, Adv.
Ms. Divya Roy, Adv.

Mr. Akash Nagar, Adv.
Mr. Siddhartha Jha, Adv.
Mr. Jasbir Singh Nagar, Adv.

Mr. Sinha Shrey, Adv.
Mr. Sumit Sinha, Adv.

Mr.   V.N. Sinha, Sr. Adv.
Mr.   Sandeep Jha, Adv.
Mr.   Ram Ekbal Roy, Adv.
Mr.   Binay Kr. Das, Adv.
               5




Mr. Vijay Kumar, Adv.
Mr. Thomas Oommen, Adv.
Mr. Aniruddha P. Mayee, Adv.

Mr. Ranjay, Adv.
Mr. Pallavi Pratap, Adv.

Mr. Pawanshree Agrawal, Adv.(A.C.)

Mr. Abdul Azam Kalebudde, Adv.
Ms. Teharabi Kalebudde, Adv.

Ms. Suman Tripathy, Adv.
Mr. R.P. Goyal, Adv.

Mr. G.C. Tyagi, Adv.
Mr. kailash Pd. Pandey, Adv.

Mr. Pramod Kumar Jain, Sr. Adv.
Mr. Nitin Jain, Adv.
Mr. Aneesh Mittal, Adv.

Ms. Indrani Mukherjee, Adv.
Ms. Tatini Basu, Adv.

Mr. Abhimanyu Bhandari, Adv.
Mr. Cheitanya Madan, Adv.
Mr. Naveen Kumar, Adv.

Dr. Shashwat Bajpai, Adv.
Mr. Sharad Agarwal, Adv.
Mr. Rohit Amit S., Adv.

Mr.   Ashok Kumar Singh, Adv.
Mr.   Shantwanu Singh, Adv.
Mr.   Chirojit Mukherjee, Adv.
Mr.   Sarvagaua, Adv.
Mr.   Surinder D. Sharma, Adv.
Mr.   Meghsham S. B., Adv.
Mr.   Murari Sharma, Adv.
Mr.   Sanket Sharma, Adv.






Mr. S.S. Ray, Adv.
Mr. Vaibhav Gulia, Adv.
Ms. Praveena Gauram, Adv.

Ms. Ashwarya Bhati, AAG
Mr. Pradeep Misra, Adv.
                                   6

                    Mr. Abhinav Shrivastava, Adv.
                    Mr. Rahul Gupta, Adv.

For applicant       Mr. Jairaj Mudgal, Adv.
                    Mr. Riddhi Bose, Adv.
                    Mr. Raj Kishore Choudhary, Adv.

                    Mr. Prashant Singh, Adv.
                    Ms. Amita Singh, Adv.

                    Mr. Atin Mehta, Adv.
                    Mr. Ankit Tyagi, Adv.
                    Mr. Atishi Dipankar, Adv.

                    Mr. Sahil Sethi, Adv.
                    Mr. Shivam Sharma, Adv.
                    Ms. Astha Sharma, Adv.

                    Ms. Prerna Mehta, Adv.
                    Mr. Rohit Singh, Adv.

                    Ms.   Praveena Gautam, Adv.
                    Mr.   Jitesh P. Gupta, Adv.
                    Mr.   Pawan Shukla, Adv.
                    Mr.   Raja Ram, Adv.

                    Mr. Sahil Sethi, Adv.
                    Mr. Shivam Sharma, Adv.
                    Ms. Aastha, Adv.

                    Mr. S.B. Upadhyay, Adv.
                    Mr. Param Kumar Mishra, Adv.
                    Mr. Krishnan Kumar, Adv.

                    Ms. Shobha, Adv,
                    Mr. Saurav Roy, Adv.

                    Mr.   Rakesh Khanna, Sr. Adv.
                    Ms.   Aarohi Holoni, Adv.
                    Mr.   Kumar Mihir, Adv.
                    Ms.   Drishti Rathore, Adv.

                    Mr.   S.B. Upadhyay, Sr. Adv.
                    Mr.   Param Mishra, Adv.
                    Mr.   Krishnan Kumar, Adv.
                    Mr.   Nishant Kumar, Adv.
                    Ms.   Anisha Upadhyay, Adv.


For Respondent(s)   Mr. Gaurav Bhatia, AOR
                    Mr. Utkarsh Jaiswal, Adv.
                    Mr. Abhishek Singh, Adv.
                            7

             Mr. Ravindra Kumar, AOR
             Mr. Achyut Saxena, Adv.

             Mr. Ajay Kumar Jain, Adv.
             Mr. Rabin Majumder, AOR

             Ms. Srishti Kapoor, Adv.

             Ms. Ashwarya Sinha, Adv.
             Ms. Saloni T. J., Adv.
             Ms. Pratishtha Dobhal, Adv.

             Mr.   Ranjit Kumar, Sr. Adv.
             Mr.   Alok K. Agarwal, Adv.
             Ms.   Rati Tandon, Adv.
             Mr.   Apoorv Rastogi, Adv.
             Mr.   Manoj Kumar,
             Mr.   Gaurav Goel, Adv.

             Ms.   Vandana Sehgal, Adv.
             Mr.   Rohan Thawani, Adv.
             Mr.   Hardeep Singh Anand, Adv.
             Mr.   Aanad Daga, Adv.
             Ms.   Gunjan Ahuja, Adv.

             Mr. Manoj Singh, Adv.

Intervenor   Mr. Akhilesh Kumar Pandey, AOR
             Mr. Brahma Kumar Pathak, Adv.

             Mr.   Maninder Singh, ASG
             Mr.   Bishwajit Dubey, Adv.
             Ms.   Srideepa Bhattaacharyya, Adv.
             Mr.   Manpreet Lamba, Adv.
             For   M/S. Cyril Amarchand Mangaldas Aor, AOR

             Mr. Ashwarya Sinha, AOR
              Mr. P. Dobhal, Adv.
              Ms. Saloni Tangri Jawa, Adv.

             Mr.   Subramonium Prasad, Sr. Adv.
             Mr.   Kunal Mimani, Adv.
             Mr.   Kumar Kislay, Adv.
             Mr.   Dheeraj Nair, Adv.

             Mr. P.B .A. Srinivasan, Adv.
             Mr. Amand Gupta, Adv.
             Ms. Vidhi Gupta, Adv.

             Mr. K. Paarivendhan, Adv.
             Mr. Rohit Bansal, Adv.
             Mr. Ashish Mishra, Adv.
                                  8


                   Ms. Priyanka Das, Adv.
                   Ms. S. Sharma, Adv.

                   Ms. Divyakant Lahoti, Adv.
                   Ms. Parikshit Ahuja, Adv.
                   Ms. Amrita Grover, Adv.

                   Mr. Manoj, Adv.
                   Mr. T. Mahipal, Adv.

Impleading party   Mr.   Vishnu Sharma, AOR
                   Ms.   Anupama Sharma, Adv.
                   Ms.   Sonali Negi. Adv.
                   Mr.   Mohit Rai, Adv.

                   Mr.   Amit Sibal, Sr. Adv.
                   Mr.   Manmeet Singh, Adv.
                   Mr.   S.S. Ray, Adv.
                   Ms.   Rakhi Ray, AOR
                   Mr.   Anshul Tyagi, Adv.
                   Mr.   Prithvi Sidhu, Adv.
                   Ms.   Saloni Sharma, Adv.
                   Mr.   Anuragh Robin Frey, Adv.
                   Ms.   Geetanjali Shani, Adv.
                   Mr.   Sahil Tagotra, Adv.
                   Ms.   Rekha Chatterjee, Adv.
                   Ms.   Subhro Mukjherjee, Adv.
                   Ms.   Anjali A., Adv.

                   Mr.   Vikramjeet Banerjee, ASG
                   Ms.   V. Mohana, Sr. Adv.
                   Mr.   S.S. Shamsherry, Adv.
                   Mr.   Mukul Singh, Adv.
                   Mr.   Mukesh Kumar Maroria, AOR
                   Mr.   Anil Katiyar, Adv.

                   Mr. Ranjit Kumar, Sr.Adv.
                   Mr. Gaurav Bhatia, AOR
                   Mr. Utkarsh Jaiswal, Adv.
                   Mr. Abhishek Singh, Adv.
                   Mr. Anuroop Chakravarti, Adv.
                   Mrs. Anil Katiyar, AOR

                   Mr.   Subodh K. Pathak, Adv.
                   Ms.   Prinita Shekhar, Av.
                   Mr.   Pawan K. Sharma, Adv.
                   Mr.   Shashi Ranjan, Adv.
                   Mr.   Dharmendra Kumar Sinha, AOR

                   Mr. Anoop Prakash Awasthi, Adv.
               9

Mr. Sukant Vikram,Adv.
Mr. Anshumaan Sahni, Adv.

Mr. Sumant Batra, Adv.
Ms. Honey Satpal, Adv.

Mr. Rajesh Kumar Gupta, Adv.

Mr. Ranjit Kumar, Sr.Adv.
Mr. Alok K. Agarwal, Adv.

Mr.Dhruv Gandhi, Adv,
Ms. Rati Tandan, Adv.
Mr. Gaurav Goal, Adv.

Mr.   Alok Kumar, Adv.
Mr.   Somya Yadav, Adv.
Mr.   Amit Agnihotri, Adv.
Mr.   Siddhant Tripathi,Adv.
Ms.   Aakriti Sharma, Adv.
Mr.   Avi Pandey, Adv.
Mr.   Ramesh Thakur, Adv.
Mr.   Balaji Srinivasan, Adv.

Mr. Kumar Mihir, Adv.
Ms. Aarohi, Adv.

Mr.   Badri Prasad Singh, Adv.
Mr.   Abhishek singh, Adv.
Mr.   Gaurav Tyagi, Adv.
Mr.   Neha Chaudhary, Adv.

Mr. Purnima Jauhari, Adv.
Ms. Seema P., Adv.
Mr. Prakash K., Adv.

Mr. Priyadarshi Gopal, Adv.
Ms. Rashmi Singh, Adv.
Mr. Amit Kumar Singh, Adv.

Dr. Ashwani Bhardwaj, Adv.
Mr. Amit Goel, Adv.

Mr. Nitin Bajpai, Adv.
Ms. Neha Tanwar, Adv.


Mr. A.K. Tripathi, Adv.
Md. Akaram, Adv.
                                           10

              UPON hearing the counsel the Court made the following
                                 O R D E R

              Heard learned counsel for the parties.

              I.A.No.      66000/2018       in         WP(C)No.940/2017,            I.A.No.

68025/2018 in W.P. (C)No.182/2018, I.A.No.68175/2018 in WP(C)No.

134/2018,I.A.No. 64608/2018 in WP(C)No. 246/2018                      I.A.No.68150/2018

in WP(C)No.52/2018         I.A.No.69072/2018 in WP(C)No.164/2018                    I.A.No.

64172/2018     in   WP(C)No.91/2018,            I.A.No.    64368/2018        in   WP(C)No.

1144/2017,             I.A.No.64161/2018              in        WP(C)No.            52/2018

-Applications       for    impleadment     are        allowed    to    the     extent     of

intervention only.

              Charts have been placed by the promoters we well as by

the NOIDA Authority with respect to the lifts which are operational

and which are          under process and         the lifts which are yet to be

installed.

              We have perused the charts given by the Amarpali Sapphare

Developers      Pvt.    Ltd.   in   respect      of    Tower    Nos.    A    to    L   which

indicates that six lifts are yet to be installed; however, there

are more towers in the same project i.e. Tower Nos. M to Z , Noida

Authority was unable to inspect the said Towers. Let the Noida

Authority to make inspection of the aforesaid Towers M to Z and

submit a report in this regard on or before 15.05.2018.

              In Tower Nos. C,E,G,H,K and L of M/s. Amarpali Sapphare

Developers Pvt. Ltd., there is provision of three lifts in each

Tower. Out of three one lift is yet to be installed                          and only two

lifts   are    operational     in   the   aforesaid        Towers.       The      aforesaid

figures are not disputed.
                                       11

            It is stated by the promoters that they have already

furnished    an   undertaking   that   within   twelve   months   these   lifts

would be installed.

            With respect to Towers M to Z of M/s. Amarpali Sapphare

Developers Pvt. Ltd. it is stated that work is under progress for

them and balance lifts are to be installed within 12 months and the

operational lifts are stated to be two.            Noida Authority to make

verification in this regard and submit its report on or before

15.5.2018.

            With respect to M/s. Amrapalli Platinum Pvt. Ltd.              the

Noida Authority has submitted the report with respect to ten towers

i.e. Tower A to J and Club. There is provision of three lifts in

each Tower.       As per the report of the Noida Authority in Tower A

one is under maintenance and two are functioning. In Tower C out of

three lifts, two are functioning one is not functioning.             In Tower

D, out of three, two are functioning and one is to be installed. In

Tower E,     two are functioning and one is not installed.         In Tower F

, two are functioning and one is defective. And in Club, out of

three lifts, two are functioning one is not installed.               In Tower

A,C & F, since there are defects in the lifts and maintenance is

going on, let the three sanctioned lifts be made operational in

each aforesaid Towers A,C & F within a period of one month from

today as assured by Mr. Gaurav Bhatia,learned counsel appearing on

behalf of the Promotors.

            There are some low rise buildings in Amarpali Platinum

Pvt. Ltd.(G+2) and in that there is provision of total nine lifts

in each building and only five lifts are installed and have not
                                                 12

made    operational        as    buildings            are    not    yet    occupied      by    the

inhabitants     and       work    is     going        on    and    in   remaining     low     rise

buildings, lifts are to be installed.

             With respect to             M/s. Amrapalli Zodiac Developers Pvt.

Ltd. Noida Authority has given a chart of 22 Towers and there is

provision of 51 lifts; out of that 36 lifts are reported to be

functional and 15 lifts are to be installed. And additional one

lift is under maintenance.                  The additional lift which is under

maintenance in Tower L is undertaken to be made functional within

one month from today and two have already been installed.                                   It is






undertaking to make it functional within one month.

             With respect to Towers B,Q & R, it is stated by the

promotors that both the lifts of Tower B and one lift of Tower Q

and one lift of Tower R are available at site.                              Installation work

is going to be completed within two months from today as the work

is in progress.       Hence, it is directed that let the aforesaid lifts

are    installed     as    assured       within        two    months      from   today   in    the

aforesaid Towers B,Q & R.

             It is also stated on behalf of promotors that in Tower C,

O and P, some lifts are working as mentioned in the chart submitted

by    the   promotors      and         installation          of    remaining     lifts   are    in

progress     which    they       are    going     to        complete    within    two    months.

Remaining lifts are going to be installed as early as possible.

             With respect to M/s. Amarpali Princley Estate Pvt.Ltd,

Noida Authority has submitted               the report with respect to Towers A

to S. According to Noida Authority there is provision of three

lifts in each Tower and two are functioning in each Rower and one
                                           13

is not yet installed.           However, with respect to Towers L, R and S,

it is stated by promotors that number of lifts to be installed as

per plan as two in each tower and there is conflict in the report

of Noida Authority. There is provision of two lifts only. With

respect to Tower L,R & S the stand of the builder is that there is

provision    of    two    lifts     in    each    Tower,    out    of   two,   one   is

operational and one is to be installed.

            Certain      more    towers    of    M/s.   Amarpali    Princley    Estate

Pvt.Ltd are to be inspected by the Noida Authroity on or before

15.05.2018 and report would be submitted.

            Let the Noida Authority to verify as to the provision for

how many lifts have been made in Towers L,R & S and submit its

report in this Court on the next date of hearing.

            Let Noida Authority also make a report with respect to

the stage of construction of the aforesaid Towers and submit in

this court on the next date of hearing.

            M/s. Amarpali Eden Park Pvt. Ltd. as per the report of

the Noida Authority in Tower A to D there is provision of two lfits

and both the lifts are functional.               The fact is not disputed at bar

and is placed on record.

            With respect to M/s. Amarpali Silicon Pvt. Ltd., we defer

the order. Let other Towers be inspected by the Noida Authority and

report be submitted.

            Inspection reports have been submitted with respect to

the   various     projects      annexed   as     Annexure   -C/2   alongwith    letter

dated 8.5.2018 of Chief Firefighter Officer, Gautambudh Nagar, the

same has been placed on record.                  There are various deficiencies
                                           14

pointed   out    in    each   of   the   reports.       On    consideration         of   the

deficiencies, we direct the promotors to remove these defects and

to submit its proposal in this court on or before 15.05.2018.                            Let

a tower wise comprehensive proposal with respect to each and every

defect as pointed out be submitted by the promotors.

           With respect to power back up we request the officer of

the   concerned       authority     to   inspect      and    submit    the    tower-wise

report.

           With respect to Towers which are inhabited, obviously

promotor is bound to apply for            electricity, water as well as sewer

connections/facilities.            However promotors has prayed for time to

submit a detailed affidavit in this regard on or before 15.05.2018.

Let detailed proposal in this regard supported by an affidavit be

placed on record and the proposal of the builder to apply and

provide electricity, water as well as sewer connections/facilities.

           The         promotors/builders             can       not          make         any

transaction/alienation         regarding        the    projects       without       express

permission of the Court.            As and when promotor/builder proposes to

do so they shall submit the entire proposal in this court.

           It is made clear that our order be followed in pith and

substance with respect to all projects.

          Greater Noida Authority also submits its affidavit.                       Office

to accept the same waiving technical objection as to the number of

case as is being filed.

           Promotor has submitted comprehensive plan of developers

and financer; Let promotor also submit flow of the finances. The

details of property which is unencumbered and if encumbered                              what
                                               15

are the details of the encumbrances which of the property can be

utilised for raising the finances.                     Let promotors also give its

proposal which projects are not viable and they proposes to refund

the amount to the buyers.             In this regard also a detailed statement

supported by affidavit be submitted in this court on or before the

next date of hearing.

          Group        of    promotors       for    various       projects         as    well    as

promotors and developers for Amarpalli Heart Beat City shall file a

statement of the total price of the flats, total amount paid to the

builder by the flat buyers, total amount spent by the builder on

the construction so far made and how the remaining part of the

money has been utilised.             Its out flow should be stated and who are

the beneficiaries of the transfers of the said amount and on what

account   the        money    has     been     transferred        and    utilised.              Let

statement be made with respect to all the projects by the aforesaid

promotors/builders           supported        by     an     affidavit         and       requisite

documents and if audit reports are available be also placed on

record.   It is also submitted that the Noida Authority is also

undertaking to submit the report of the audit made by it so far.

Let the affidavit of Managing Director or the person in management

be   placed     on     record       with     respect      to     all    the    projects         and

promotors/developers          as     to    aforesaid       aspects.           It    appears     on

certain   documents          that    money     has        been    transferred           to   other

companies, the details of composition of the transferee company

including the names of the Director and for what purpose money was

transferred and how it is to be retrieved                        shall also be furnished

by the next date of hearing.                  Let details in this regard be also
                                16

submitted.

         Noida Authority is directed to inspect the M/s. Amarpali

Heart Beat City Project also.

         List on 16.05.2018.



(NEELAM GULATI)                               (JAGDISH CHANDER)
COURT MASTER (SH)                                BRANCH OFFICER

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