Allahabad High Court
Sri Dhananjai Kumar Yadav And ... vs Union Of India Thru. Addl. Secy. ... on 18 July, 2023
Bench: Vivek Chaudhary, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:46871-DB
Court No. - 3
Case :- WRIT - C No. - 4740 of 2022
Petitioner :- Sri Dhananjai Kumar Yadav And Others
Respondent :- Union Of India Thru. Addl. Secy. And Central Registrar Of Cooperative Societies New Delhi And Other
Counsel for Petitioner :- Pradeep Kumar
Counsel for Respondent :- A.S.G.I.,Imran Ahmad Abbasi,Rahul Tripathi,Veena Vijayan Rajes
Hon'ble Vivek Chaudhary,J.
Hon'ble Manish Kumar,J.
1. Heard learned counsel for petitioners, Sri Ishan Baghel, learned counsel for respondent no.1 and Sri Imram Ahmad Abbasi, learned counsel for respondent nos.2 to 4.
2. Petitioners have filed present writ petition for the following main relief:
"i. to issue writ, order or direction in the nature of mandamus, directing opposite party no.1 to take action against opposite parties no.2 to 4 for refund of hard earn money of depositors and decide the representation of petitioners filed as Annexure no.4 to present petition."
3. Learned counsel for petitioners submits that during pendency of present writ petition, by a judgment and order dated 29.3.2023 passed in I.A. No.56308 of 2023 filed in Writ Petition (C) No.191 of 2022 (Pinak Pani Mohanty vs. Union of India and others), the Supreme Court has already issued following directions:
"(i) Out of the total amount of Rs. 24.979.67 Crores lying in the "Sahara-SEBI Refund Account", Rs.5000 Crores be transferred to the Central Registrar of Cooperative Societies, who, in turn, shall disburse the same against the legitimate dues of the depositors of the Sahara Group of Cooperative Societies, which shall be paid to the genuine depositors in the most transparent manner and on proper identification and on submitting proof of their deposits and proof of their claims and to be deposited in their respective bank accounts directly.
(ii) The disbursement shall be supervised and monitored by Justice R. Subhash Reddy, Former Judge of this Court with the able assistance of Shri Gaurav Agarwal, learned Advocate, who is appointed as Amicus Curiae to assist Justice R. Subhash Reddy as well as the Central Registrar of Cooperative Societies in disbursing the amount to the genuine depositors of the Sahara Group of Cooperative Societies. The manner and modalities for making the payment is to be worked out by the Central Registrar of Cooperative Societies in consultation with Justice R. Subhash Reddy, Former Judge of this Court and Shri Gaurav Agarwal, learned Advocate.
(iii) Rs.15 lakhs per month be paid to Justice R. Subhash Reddy. Former Judge of this Court and Rs.5 lakhs per month be paid to Shri Gaurav Agarwal, learned Amicus Curiae towards their honorarium.
(iv) We direct that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs.5,000 Crores at the earliest, but not later than nine months from today. The balance amount thereafter be again transferred to the "Sahara-SEBI Refund Account"."
4. Learned counsel for petitioners submits that since a Committee has already been constituted under the orders of Supreme Court, which is considering the claims of depositors, petitioners' claim may also be considered by the said Committee.
5. Learned counsel for respondents have no objection.
6. In the given facts and circumstances of the case, present writ petition is disposed of, permitting the petitioners to move their claims before the Committee constituted by the Supreme Court by means of aforesaid judgment and order dated 29.3.2023.
[Manish Kumar,J.] [Vivek Chaudhary,J.]
Order Date :- 18.7.2023
Sachin
