I.A. Nos. 13-15/2014 in Compt. Pet. (C) No. 412/2012 and 413/2012 in C.A. No. 9813/2011 and C.A. No. 9833/2011 and Compt. Pct. (C) No. 260/2013 in C.A. No. 8643 of 2012. Case: S.E.B.I. Vs Sahara India Real Estate Corpn. Ltd.. Supreme Court (India)

Case NumberI.A. Nos. 13-15/2014 in Compt. Pet. (C) No. 412/2012 and 413/2012 in C.A. No. 9813/2011 and C.A. No. 9833/2011 and Compt. Pct. (C) No. 260/2013 in C.A. No. 8643 of 2012
JudgesT.S. Thakur, Anil R. Dave and Arjan Kumar Sikri, JJ.
IssueSecurities and Exchange Board of India
Citation2014 (9) SCALE 75
Judgement DateJuly 01, 2014
CourtSupreme Court (India)


  1. Heard. The contemnors stand committed to jail by our order dated 4th March, 2014 on account of their failure to comply with the directions of this Court in terms of orders dated 31st August, 2012 and 5th December, 2012 and those issued on 25th February, 2013 in Civil Appeal No. 9813 of 2011. By an order dated 26th March, 2014, the contemnors were granted interim bail subject to their depositing a sum of rupees ten thousand crores, out of which rupees five thousand crores had to be deposited in cash while the balance had to be secured by a bank guarantee from a nationalised bank in favour of Securities and Exchange Board of India (SEBI). By yet another order dated 4th June, 2014, this Court had lifted the embargo placed by an earlier order upon the operation of the bank accounts and sales/transfer of immovable assets held by Sahara Group of Companies qua nine properties referred to in the said order. Sahara Group have, ever since the above orders, deposited an amount of rupees three thousand crores approximately by sale/encashment of FDs, Bonds and Securities and by sale of one of the nine items of property permitted to be sold.

  2. By our order dated 22nd July, 2014, we had allowed Saharas to transfer, sell or encumber three Offshore hotel properties owned by them subject to the conditions that the entire sale consideration received by the Saharas after repayment of the loan outstanding towards the Bank of China is deposited with SEBI towards compliance with the directions contained in the conditional bail order dated 26th March, 2014. The prayer made by the contemnors for parole to enable them to negotiate deals in connection with the sale of the offshore properties was however declined on the ground that there was no concrete proposal at that stage to justify any such concession in favour of the contemnors. We had all the same made it clear that if and when the occasion arises and negotiations appear to be essentially for sale of the properties, Saharas could approach this Court for appropriate orders. The present applications have now been filed by the contemnors seeking the following directions:

    (a) Shifting, of Applicants from Barrack No. 3 to the 'Outhouse in the Tihar Jail Premises' at Tihar Jail, Delhi;

    (b) Allow three secretarial persons for full 24 hours to assist the applicants along with the office equipments as mentioned in para in finalizing the negotiations, quickly; and

    (c) pass such other or further order or orders...

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