Before : Shri D.V. Sawant Prothonotary & Senior Master Date : 30th October, 2017 FOR DIRECTION (CRIMINAL SIDE MATTERS) : 1 REVN/237/2009 with WP/2364/2007 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.: Mr. P. A. Sarwanka, Advocate for Applicant/Respondent No. 2 before the Apex Court. Mr. Abhay Dhodiwal I/b. Jayakar and Partners, Advocate for Respondent Nos. 2 to 14/Petitioners before the Apex Court. Mr. Mihir Mekal I/b. M/s. ALMT Legal, Advocate for Respondent No. 15. Pursuant to Order dated 6th October 2017 passed by the Hon'ble Apex Court by which Special Leave to Appeal (Cri.) No. 9156/2011 with Interim Applications stand disposed of with direction to the Petitioner, before the Apex Court, (i) to pay a further sum of Rs. 40,00,000/- (Rupees forty lakhs) within two weeks from date of Order to Mr. Parvesh Mehra, Respondent No. 2 and others who shall execute the documents and see that they are registered failing which the Registrar (Original Side), Bombay High Court, shall get it executed and registered, by an officer of the Court nominated for the purpose. (ii) The bank draft which was given to the Mediator-Arbitrator shall be renewed and shall be handed over to Mr. Parvesh Mehra at the time of execution of the documents. (iii) In view of the aforesaid order, the criminal proceedings initiated against the petitioners stand quashed and all the claims of Mr. Parvesh Mehra and others would stand satisfied. contd... REVN/237/2009 with WP/2364/2007 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2 Before : Shri D.V. Sawant Prothonotary & Senior Master Date : 30th October, 2017 Accordingly, matter is listed on my board after notice to the Respondents. However, Advocate for Respondent No. 1 in aforesaid Application are absent. Advocate for Respondent No. 2 before the Apex Court submits that directions given on page no. 6 paragraph nos. (i) and (ii) of Order dated 6th October 2017 of the Apex Court is required to be complied with by Petitioners by depositing amount of Rs. 40 lakhs within two weeks from the date of Supreme Court's Order by 20th October 2017. However, aforesaid Order is not complied with within two weeks despite Respondent No. 2 Parvesh Mehra fixed two appointments on 18.10.2017, however, others failed to do so barring Amit Mehra, who was willing. Advocate for Respondent No. 2 further submits that Respondent No. 2 sent the enclosed email dated 22.10.2017 suggesting for compliance on 24.10.2017 as suggested by them, failing aforesaid Order dated 6th October 2017 is required to be executed by delegating an officer of the Court nominated for the purpose. However, Advocate for the Respondent Nos. 2 to 14/Petitioners before the Apex Court submits that on 12.10.2017 the Petitioners sent letter to Ms. Kamini Jaiswal, Advocate for the Respondent No. 2 at Delhi, copy of which is placed before me, contents of which are self- explanatory, which is taken on file. Advocate for Respondent Nos. 2 to 14/Petitioners before the Apex Court further submits that alongwith aforesaid letter copies of documents, which are contd... REVN/237/2009 with WP/2364/2007 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 3 Before : Shri D.V. Sawant Prothonotary & Senior Master Date : 30th October, 2017 required to be executed by Applicant/Respondent No. 2 before the Apex Court as per aforesaid Hon'ble Apex Court's Order, are already sent, for which the Applicant/ Respondent No. 2 before the Apex Court submits that said letter alongwith soft copy of documents was addressed to his Advocate at Delhi, however, instead of soft copy, hard copy was required to be sent by Petitioners because of which delay is caused. According to me, the Hon'ble Apex Court's Order dated 6th October 2017 is self-explanatory by which the Respondent Nos. 2 to 14/Petitioners before the Apex Court are required to pay Rs. 40 lakhs within two weeks from the date of Order by 20th October 2017 to Mr. Parvesh Mehra and others who shall execute and register the documents, failing the Registrar (Original Side), Bombay High Court, shall get it executed and registered, by an officer of the Court nominated for the purpose. In aforesaid Order though it is recorded that Mr. Parvesh Mehra and others, however, parties by consent submit that it is only to Parvesh Mehra, was required to be mentioned in aforesaid Order. Accordingly, Advocate for parties by consent state that I should proceed further as per aforesaid Hon'ble Apex Court's Order though aforesaid amount as above is not deposited within stipulated period of time as per Hon'ble Apex Court's Order. Accordingly, I appoint Mr. S. T. Kapse, Additional Prothonotary and Senior Master for execution and registration of contd... REVN/237/2009 with WP/2364/2007 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4 Before : Shri D.V. Sawant Prothonotary & Senior Master Date : 30th October, 2017 the documents in terms of aforesaid Hon'ble Apex Court's Order. At this stage, Advocate for Respondent Nos. 2 to 14/Petitioners before the Apex Court submits that Demand Drafts in the name of Parvesh Mehra towards complete amount in terms of paragraph nos. (i) and (ii) on page no. 6 of the Apex Court's Order dated 6th October 2017 are ready and tomorrow they are lodging the same with the Registry. However, the Applicant/ Respondent No. 2 before the Apex Court states that there is delay in deposit of amount. However, he has no objection for deposit of the said amount. By consent, it is agreed that Order dated 6th October 2017 of the Hon'ble Apex Court be executed. Advocate for Respondent Nos. 2 to 14/Petitioners before the Apex Court submits that I.A. No. 3631/2017 is specifically taken out before the Apex Court for direction to the Applicant/Respondent No. 2 before the Apex Court to comply with directions as stated in prayer clause 9(a) (i) to (xxii), so also, alternate prayer 'B' sought with regard to direction to the Registrar, High Court or any other office to be nominated for execution and registration of the documents on behalf of Parvesh Mehra, Respondent No. 2 before the Apex Court. Advocate for Respondent Nos. 2 to 14/Petitioners before the Apex Court further submits that since upon hearing parties, SLP along with aforesaid I. A. No. contd... REVN/237/2009 with WP/2364/2007 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 5 Before : Shri D.V. Sawant Prothonotary & Senior Master Date : 30th October, 2017 3631/2017 stands disposed of and in view thereof, documents mentioned in prayer clause 9(a) (i) to (xxii) are required to be executed. Advocate for Petitioners before the Apex Court to furnish certified True Copy of I.A. No. 3631/2017 with the Registry. The Advocate for Respondent No. 2 before the Apex Court submits that as per Order of the Hon'ble Apex Court seven Power of Attorneys and one Release Deed are required to be executed. Advocate for Applicant/ Respondent No. 2 before the Apex Court further submits that as far as Hyderabad Property is concerned, he is ready to sign documents subject to payment of rent from April 2016 till entire amount is received. However, Advocate for Respondent Nos. 2 to 14/Petitioners before the Apex Court applies time till tomorrow for lodgment of Original documents of their part and also Bank Draft. By consent, adjourned to 31.10.2017. Date : 30.10.2017 Prothonotary & Senior Master.