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SC asks Jaiprakash Associates to submit details of ongoing housing projects

The apex court's direction that the directors shall not alienate their or their family members' personal properties in any manner implies freezing of their assets

Press Trust of India 

SC asks Jaiprakash Associates to submit details of ongoing housing projects

The on Wednesday directed realtor Jaiprakash Associate Limited (JAL) to give details of its ongoing housing projects in the entire country while reiterating its direction that its directors shall not alienate their personal properties. A bench headed by Chief Justice Dipak Misra also directed amicus curie Pawan Shree Agrawal to set up a portal to take note of the grievances of the home buyers of The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said it would decide at a later stage the application of Reserve Bank of India (RBI) seeking its nod to file before the National Company Law Tribunal (NCLT) against the promoter company The bench also considered the submission of senior advocate Ranjit Kumar, representing independent directors of JAL, that they be exempted from personal appearance before it on every date of hearing on account of their old age. The bench, which exempted the independent directors from personal appearance, however, reiterated its earlier direction that neither would they leave the country without its prior nod, nor would they alienate or create third party interests in their personal properties. It said the interest of homebuyers was important and the will have to deposit the money in pursuance of its earlier order. Senior advocate Mukul Rohatgi and lawyer Anupam Lal Das, appearing for JAL, said they have sold several properties and wherein the midst of loan restructuring. They said would be depositing Rs 1.25 billion more by January 25 as directed by the apex court on December 15 last year to safeguard the interests of hassled homebuyers. has deposited Rs 4.25 billion with the apex court registry so far. Earlier, the top court had restrained 13 directors -- five promoters and eight independent directors -- from alienating their personal properties as well as that of their immediate family members. The apex court's direction that the directors shall not alienate their or their family members' personal properties in any manner implies freezing of their assets. The apex court, on November 13 last year, had also restrained the managing director and the directors of Ltd from travelling abroad without prior permission. The court had asked to hand over the records to the interim resolution professional (IRP) to draft a resolution plan indicating protection of interests of over 32,000 hassled home buyers and creditors. Homebuyers including one Chitra Sharma, through lawyer Aishwarya Sinha, had moved the apex court saying around 32,000 people had booked their flats and were now paying installments. The top court had on September 4, 2017, the stayed against the real estate firm before the Flat buyers, under the Insolvency and Code of 2016, do not fall in the category of secured creditors like banks and hence can get back their money only if something is left after repaying the secured and operational creditors, Sharma, in her plea, said. Hundreds of home buyers have been left in the lurch after the NCLT, on August 10, 2017, admitted the IDBI Bank's plea to initiate against the debt-ridden realty company for defaulting on a Rs 5.26 billion loan, the plea said.

First Published: Wed, January 10 2018. 13:27 IST
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