Delhi High Court
Greenpeace India Society vs Union Of India & Ors. on 27 May, 2015
Author: Rajiv Shakdher
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4887/2015 & CM No. 8846/2015
GREENPEACE INDIA SOCIETY ..... Petitioner
Through: Mr Avi Singh, Ms Siboney Sagar, Ms
Sumi Anand & Mr Siddhant Srivastava, Advs.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr Sanjay Jain, ASG with Mr Atul Batra
& Mr Akash Nagar, Advs. for Resp./ UOI.
Mr Sanjay Bhatt, Adv. for R-2.
Ms Seema Sundd & Mr Davesh Bhatia, Advs. for
R-3.
Ms Isha Abrol, Adv. for R-4.
Mr S.D. Windlesh, Advocate for applicant in CM
No. 10121/2015.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 27.05.2015
1. I have heard the learned counsels for the parties for some time. The
counsels for parties have agreed to the following, as a protem measure,
pending the adjudication of the writ petition and the interlocutory
application:
(i) The petitioner, will be entitled to operate two accounts, bearing nos.
005103000004169 and 002283800005431, maintained with IDBI Bank and
Yes Bank, respectively.
(ii) The petitioner, will be entitled to operate the aforementioned
accounts, referred to in clause (i) above, for the purposes of accepting
domestic contributions.
(iii) The balance amount, obtaining, as on 09.04.2015, in the accounts
referred to in clause (i) above shall be maintained. As per the petitioner, the
balance in the two accounts, is as follows:
A/c No. 005103000004169: Rs. 15,64,555/-
A/c No. 002283800005431: Rs. 3,75,383/-.
(iv) The petitioner, will be entitled to liquidate the fixed deposits, the
details of which are provided in paragraph 9.27 at page 37 of the paper
book.
2. Apart from the above, it is directed that, since the petitioner has
already preferred an application under Rule 14 of the Foreign Contribution
(Regulation) Rules, 2011 (2011 Rules), respondent no.1 would process the
same and, in that behalf, will be at liberty to obtain necessary information
from the petitioner.
2.1 Needless to say, respondent no.1 will pass an order on the said
application with due expedition, though not later than eight weeks from
today. Respondent no.1 will be at liberty to take into account, amounts
which are secured by the petitioner upon liquidation of FDRs pursuant to the
order passed today. This, of course, will be done in accordance with law,
keeping in mind, the relevant provisions of the FCRA.
3. It is made clear that the moneys received hereon, by the petitioner in
the form of domestic contributions, as well as, by way of liquidation of
FDRs, will be used in line with the aims and objectives for which it is
constituted. Due regard will be had to the extant provisions of law.
4. I may only indicate that, yesterday, a short affidavit was filed on
behalf of respondent no.1, albeit in court, on account of urgency in the
matter. The said affidavit is dated 26.05.2015. The affidavit is, now,
formally taken on record. The registry will take note of this fact.
5. Mr Jain, learned ASG, at this stage, says that the earlier affidavit filed
on behalf of respondent no.1 was an interim-affidavit, filed, to only set out,
the respondent's stand in respect of interim relief sought for by the
petitioner; and therefore, liberty be given to file an additional affidavit.
Liberty is granted.
5.1 Let the needful be done within eight weeks from today. Rejoinder, if
any, be filed before the next date of hearing.
6. List on 04.09.2015.
CM No. 10121/2015 (for impleadment)
7. This is an application filed for intervention. Learned counsel for the
applicant seeks leave to withdraw the application with liberty to make a
suitable representation to the government, with regard to the apprehensions
raised in the present application.
8. Dismissed as withdrawn, with liberty as prayed for.
9. Dasti under the signatures of the Court Master.
RAJIV SHAKDHER, J
MAY 27, 2015
kk
