ITEM NO.46

COURT NO.2

SECTION IX

S U P R E M E C O U R T O F
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)

I N D I A
No(s).

12479/2017

(Arising out of impugned final judgment and order dated 29-03-2017
in CAL No. 6/2016 From Notice No.1786 of 2015 in Execution
Application No.2006 of 2015 in Arbitration Award dated 04.08.2008
passed by the High Court of Bombay)
GAUTAM SINGHANIA

Petitioner(s)
VERSUS

HARI SHANKAR SINGHANIA & ORS.

Respondent(s)

(FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
PERMISSION TO FILE SYNOPSIS AND LIST OF DATES)

AND FOR

Date : 05-07-2017 These matters were called on for hearing today.
CORAM :

HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE A.M. KHANWILKAR

For Petitioner(s)

Mr.
Mr.
Mr.
Mr.
Mr.
Ms.

For Respondent(s)

Mr. D. Madan, Sr. Adv.
Ms. Nandini Khaitan, Adv.
Mr. Sahil Narang, Adv.
Mr. Sanjeev K., Adv.
M/s. Khaitan & Co., AOR

For

Kapil Sibal, Sr. Adv.
Kunal Vajani, Adv.
Suraj Juneja, Adv.
Aman Raj Gandhi, Adv.
A. Thakur, Adv.
Bindi Girish Dave, AOR

Mr. Anuj J., Adv.
Mr. Shashwat Dev, Adv.
Mr. Shohit Chaudhry, AOR
Mr. Shrish Kumar Misra, AOR
Signature Not Verified
Digitally signed by
GULSHAN KUMAR
ARORA
Date: 2017.07.07
15:19:31 IST
Reason:

UPON hearing the counsel the Court made the following
O R D E R
When this matter was listed on 28.4.2017, with consent of
the parties, this was taken up on 30.4.2017.

On that day,

having heard learned counsel for the parties at length, the

 Court passed the following order :“Heard
Mr.
Kapil
Sibal
and
Mr.
P.
Chidambaram, learned senior counsel along
with Mr. Kunal Vajani, learned counsel for
the petitioner and Mr. Dinyar Madon and
Mr. Shyam Divan, learned senior counsel
along with Ms. Nandini Khaitan, learned
counsel for the respondent Nos.1 to 6.
Having
heard
learned
counsel
for
the
parties, it is directed that the petitioner
shall hand over the property i.e. Kamala
Cottage, Property No.6 at Juhu, Mumbai
(property at Sl. No.5) to the respondent
Nos.1 to 6 by 6th May, 2017, subject to
deposit of a sum of Rs.20,00,00,000/(Rupees twenty crores only) by the said
respondents before the Registry of this
Court on or before 4th May, 2017.
Issue notice to the
for the respondent
represented by Mr.
Shyam Divan, learned

respondent Nos.7 to 15,
Nos.1 to 6 have been
Dinyar Madon and Mr.
senior counsel.

Dasti, in addition, is permitted.
The execution proceedings being, Execution
Application Nos.80 of 2016 and 366 of 2016,
pending before the court of District Judge,
Kanpur, U.P., shall be transferred to this
Court and the same be heard along with the
present special leave petition.
In the event the amount is deposited, the
Advocate-on-Record for the respondents shall
intimate it to the Advocate-on-Record for
the petitioner.
The purpose of this
intimation is that the petitioner shall hand
over the possession of the property as
mentioned herein-above on or before 6th May,
2017, which is not later than forty-eight
hours. When we say the petitioner, it means
that the possession of the property shall be
handed over and anyone who tries to create
obstruction, shall be liable for contempt of
this Court.
Let the matter be listed on 8th May, 2017.”

 On 8.5.2017, the the following order came to be passed :“Let the matter be listed on 5th July, 2017.
The respondent Nos.7 to 15 shall deposit a
sum of Rs.10,00,00,000/- (Rupees ten crores
only) before the Registry of this Court by
end of May, 2017.
The amount so deposited
shall be kept in a short term fixed deposit
in the UCO Bank, Supreme Court Compound, New
Delhi, so that interest can be accrued on
the same.
The amount of Rs.20,00,00,000/- (Rupees
twenty crores only) that has already been
deposited in pursuance of this Court's order
dated 30th April, 2017, shall also be kept in
a short term fixed deposit in the UCO Bank,
Supreme Court Compound, New Delhi, so that
interest can be accrued on the same.”
We have been apprised by Mr. Kapil Sibal, learned senior
counsel appearing for the petitioners and Mr. Shirish Kumar
Misra, learned counsel appearing for respondent Nos.7 to 15
that they have amicably settled the dispute among themselves.
As far as the respondent Nos.1 to 6 are concerned, their claim
for possession was satisfied by virtue of our order passed on
30.4.2017.
In view of the fact that the petitioner and respondent
Nos.7 to 15 have settled the property disputes, what remains
is

claim

of

Rs.46,11,00,000/-

(Rupees

forty

six

crore

and

eleven lac only) that has been lying in deposit before the
High Court of Bombay.

It is submitted by Mr. Shirish Kumar

Misra that his clients would be entitled to Rs.22,71,00,000/(Rupees twenty two crore and seventy one lac only) and the
petitioner and other partners of the Bombay Group shall be
entitled to Rs.23,40,00,000/- (Rupees twenty three crore and
forty lac only).

The said position is not disputed by Mr.

Sibal, learned senior counsel appearing for the petitioner and
Mr. Shohit Chaudhary, learned counsel who has instructions to

 make the settlement on behalf of Respondent Nos. 19, 20 and
21.

The parties are at liberty to approach the High Court

individually to withdraw the said amount.

The High Court

shall immediately disburse the principal amount.

As regards

the interest as accrued, the High Court shall deal with the
disbursement of the same on its own merits.
Another issue that has cropped up is with regard to the
payment of stamp duty on the arbitral award.
by

Mr.

Dingar

Madan,

learned

senior

It is submitted

counsel

appearing

for

Respondent Nos. 1 to 6, that the said respondents have paid
the stamp duty in entirety though all the parties are liable
to share.

At this juncture, Mr. Kapil Sibal, learned senior

counsel and Mr. Shishir Kumar Misra, learned counsel submitted
that the said respondents conceded before the High Court that
they will not put forth any claim for the amount paid by them
relating

to

the

stamp

duty.

As

far

as

this

aspect

is

concerned, we would request the High Court to dwell upon the
same.
In view of the aforesaid, the amount of Rs.20,00,00,000/(Rupees twenty crore only) that had been deposited by the
respondent Nos.1 to 6, as per our order dated 30.4.2017, be
refunded to them on proper identification with the accrued
interest, if any.
The amount of Rs.10,00,00,000/- (Rupees ten crores only)
that has been deposited by Mr. Respondent Nos.7 to 15 shall
also

be

refunded

on

proper

identification

along

with

the

accrued interest.
The special leave petition is accordingly disposed of
There shall be no order as to costs.

(Gulshan Kumar Arora)
Court Master

(H.S. Parasher)
Court Master