Vitol S. A. v. Asian Natural Resources And Idbi Bank Limited (Applicant)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1463 OF 2015 IN EXECUTION APPLICATION NO. 240 OF 2011 IN FOREIGN AWARD DT. 17.01.2011 IDBI Bank Limited .. Applicant Vitol S.A.
.. Applicant/Award Holder In the matter between :
Asian Natural Resources (I) Ltd.
(Bhatia International Limited) .. Claimant/Award Debtor Vs.
Vitol S.A.
.. Applicant/Award Holder WITH NOTICE OF MOTION (L) NO. 2214 OF 2015 WITH CHAMBER SUMMONS NO. 1447 OF 2015 IN EXECUTION APPLICATION NO. 240 OF 2011 IN FOREIGN AWARD DT. 17.01.2011 Asian Natural Resources (I) Ltd.
(formerly Bhatia International Limited) .. Applicant/Original Claimant/Award Debtor In the matter between :
Asian Natural Resources (I) Ltd.
(formerly Bhatia International Limited) .. Original Claimant/ Award debtor Vs.
Vitol S.A.
.. Original Respondent/ Award Holder 1/9
Ms.Ankita Singhania a/w. Mr.H.J. Engineer i/b Gordhandas & Fozdar for Claimant/Award Debtor, Applicant in NMSL/2214/2015. Ms.Naira Jeejebhoy a/w. Mr.Aditya Krishnamurthy, Mr.Abraman Varughese and Ms.Zeena Golwalla i/b M/s. Bose & Mitra & Co. for applicant in CHS/1463/2015.
Mr.Vaibhav Krishna i/b AKS Legal Consultants for defendant. CORAM : K.R.SHRIRAM, J.
DATE : 12TH APRIL, 2016 P.C.
NOTICE OF MOTION NO. 2214 OF 2015 This notice of motion is taken out on behalf of the Award Debtor to allow the applicant to operate 57 bank accounts which were frozen pursuant to the orders of this Court.
At the time of hearing of the notice of motion, the counsel for the applicant stated that they are not praying for the defendant to operate all the 57 banks accounts but what they require is to direct the HDFC Bank, Indore Branch or State Bank of Mysore, Indore Branch bank, to make the payment as stated in the affidavit in support.
The payments to be made are stated at Exh.'A', Exh.'B', Exh.'C' and Exh.'D' to the affidavit in rejoinder dated 5.01.2016 filed by one Khalid Baig.
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The counsel for the Award Holder, in fairness, submitted that as an ad-interim arrangement they have no objection to payments being made as per the list given in (i) Exh.'A' except TA/DA of Mr.Khalid Baig amounting to Rs.2,63,000/-, (ii) Exh.'B' excluding the amounts payable to Bhatia Global Trading Limited - New Loan A/c. and the rent payable to G.S.Bhatia and (iii) the amounts mentioned in Exh.'C'.
As regards Exh.'D', the counsel for the Award Holder submitted that the applicant has not given any break-up or details to support the so called 'details of overdue statutory payment', as regards Sr.No.1 in the said statement.
As regards Sr. Nos.2 to 16, the applicant did not want to press for it at this point of time. As regards Sr.No.1, service tax amounting to Rs.18,57,005/-, the counsel for the applicant stated they will provide the details and also give inspection of the documents to the Award Holder, if asked for.
The counsel for the parties are agreeable if the HDFC Bank, Opp. Bombay Hotel, Indore Branch and/or State Bank of Mysore, Sunrise Tower, Indore Branch are permitted to and debit the following accounts and release the payments as mentioned below directly :- HDFC Bank A/c. No.
: 00360310000689 3/9
SBM A/c.No.
: 54026309075 Exh. 'A'
PENDING PAYMENTS FROM ASIAN NATURAL RESOUCES (INDIA) LIMITED Particulars/Month PF ESIC PT March'2015 24347 April 24347 May 24347 June 20861 July 24800 August 20995 September 19213 October 19213 November 19213 TOTAL 197336 11440 Gratuity payment of following employees is pending: Gratuity 260000 70000 355000 105000 80000 345000 Gratuity Primium 17633 Total Amount 1232633 TA/DA Mr. Ashwin Naik 39000 Mr. Atul Soni 17100 Total Amount 56100 Mr. T.N. Singh - Indore Mr. Suhas Mebawala - Surat Mr. Shailendra Gupta - Indore Mr. Ravi Deshpande - Nagpur Mr. Shailendra Kothari - Dharamtar Mr. Uday Tilloo - Indore 4/9
TDS OTHER THAN SALARY :
TDS Details TDS AMOUNT IN RS.
INTEREST AMOUNT IN RS.
TOTAL AMOUNT IN RS.
Mode of Payment S. Singhai & Co. (Chartered Accountants), Indore Sr. MONTH PARTICULARS PAN NO 1 03/15/16 AAYFA0643H 10000 11500 Cheque Ajit Jain & Co. (Company Secretaries) ABAPJ2602E 58 Cheque Akshay Anand (Advocate), New Delhi AAJPA7403Q 19800 22770 Cheque AMMPP3897N 1840 Cheque AAPFA9899Q 20350 23403 Cheque Chitranjan S.Kahlon AAFPK5895E 18333 21083 Cheque D.D. Shah & Associates, Mumbai ALRPS5717J 3450 Cheque Dipanshu Das (Advocate), Cuttack ADKPD8566D 2875 Cheque Gaurav Trading Co.
AGMPK1071F 68201 10230 78431 Cheque AAAFG2408C 10500 12075 Cheque ICRA Limited, Gurgaon, Haryana AAACI0218B 7475 Cheque Orissa Stevedorers Ltd - (Paradeep) - STC AAACO2100L 210609 31591 242200 Cheque Orissa Stevedorers Ltd - (Haldia) - STC AAACO2100L 22696 26100 Cheque Paradeep Port Trust AAALP0055A 53790 61859 Cheque ABIPS0618R 4025 Cheque Reliance Communications and Infrastructure Ltd. AACCS2157H 4025 Cheque Reliance Service & Consultancy Ltd.
AACCR2895M 9200 Cheque Satpal Singh (Advocate), Indore AQSPS1048N 8050 Cheque Therapeuics Chemical Research Corporation AABFT9053F 4242 Cheque Vidhi Printers & Graphics ANWPK1704C 184 Cheque Vijay Mehta (Chartered Accountants), Mumbai AAAPM7646L 12000 13800 Cheque MARC- 15 Total 485778 72867 558645 2 April -15 D.D. Shah & Associate, Mumbai ALRPS5717J 85000 11475 96475 Cheque Gopal Jain (Senior Advocate), New Delhi AAFPJ5092G 11000 12485 Cheque Vijay Mehta (Chartered Accountants), Mumbai AAAPM7646L 115000 15525 130525 Cheque April- 15 Total 211000 28485 239485 3 May- 15 Ajit Jain & Co (Company Secretaries) ABAPJ2602E 56 Cheque Charvi Tours & Travels Pvt.Ltd.
AAACC7132J 7 Cheque Satpal Singh (Advocate), Indore AQSPS1048N 7840 Cheque May- 15 Total 7903 Cheque 4 June- 15 Satpal Singh (Advocate), Indore AQSPS1048N 3868 Cheque June- 15 Total 3868 Cheque Grant Total 707334 102566 809900 Penalty 79600 Cheque Aparna Paricharak & Associates (Company Secretaries), Thane (W) Axon Partners LLP (Formerly Axon Partners), New Delhi.
Gordhandas & Fozdar (Regd) - (Advocates & Solicitors), Mumbai Ramesh M. Shah & Co. (Advocate - Income Tax & Vat Consultant ), Ahmedabad 5/9
EXHIBIT -C FOLLOWING ARE THE PAYMENT REQUIRED TO BE MADE TO MINISTRY OF CORPORATE AFFAIRS S.No.
Form No.
Year Amount Remarks 1.
ADT - 1 2014-15 Appointment of M/s. R.S. Bansal As Statutory Auditor 2.
ADT - 2 2014-15 Change in Statutory Auditor to M/s. A. Singhai & Co. 3.
ADT - 1 2015-16 Appointment of M/s. A. Singhai & Co. Statutory Auditor 4.
Form - 23AC XBRL & 23 ACA XBRL 2014-15 Filing of Annual Account of 2013-14 5.
MGT - 14 2015-16 Filing of adoption of Directors Reports & Financials for FY 2014-15 6.
Form - AOC 4 XBRL 2015-16 Filing of Annual Account of 2014-15 7.
Form - MGT - 7 2015-16 Filing of Annual Return of 2014-15 8.
DIR - 12 Regularization of Director in AGM held on September Total 48000 Additional Fees for 1.
Form - AOC 4 XBRL 2015-16 Filing of Annual Account of 2014-15 2.
Form - MGT - 7 2015-16 Filing of Annual Return of 2014-15 Total Grand Total (48000+9600) 57600 After the amounts are paid, the banks to provide to the Award Holder's advocates, a copy of the bank statement disclosing the balance before payment and balance after payment. The Bank may either make the payments directly to the concerned authority or issue Pay Orders/Bankers' cheque and forward it to the concerned authorities under advise to the Advocate for Award Holder.
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The Notice of Motion to be listed for further hearing in due course. This order is passed without prejudice to the rights and contentions of the parties.
CHAMBER SUMMONS NO. 1463 OF 2015 This Court, by an order dated 29th April 2015 read with the order dated 11th September 2015 had directed the Award Debtor not to operate 57 Bank Accounts and also directed the Bank in which 57accounts are held, not to allow the Award Debtor to operate the accounts. The applicant in this chamber summons is IDBI Bank who has applied for modifying the said order dated 29th April 2015 read with order dated 11th September 2015 to the extent that the applicant be permitted to accept and appropriate the payments received and deposited by the Award Holder in the accounts with them which are mentioned as under : (i) 001103000003995 (ii) 001655100000091 (iii) 513103000000037 According to the applicant, they are one of the secured lenders of the Award Debtor and the Award Debtor also the owes a substantial amount of money.
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After the matter was argued for some time, the counsel for the applicant, on instructions, makes a statement that the applicant will file an undertaking of the applicant signed by a person not below the rank of General Manager to bring all the monies back from the above three bank accounts together with such amount of interest as directed by the Court within 72 hours of the order being passed by this Court directing the applicant to bring bank the monies.
The counsel, on instructions, further states that this undertaking will be filed within one week from today with copy to the advocates for the Award Holder. The counsel further undertakes, on instructions, that as and when any amount is deposited in these three bank accounts by the Award Debtor, the applicant will inform within one week to the advocates for the Award Holder, the amount deposited and from whom and from which bank the amount has been received. The undertakings are accepted and so ordered.
The applicant to also provide to the advocate for Award Holder a break up/statement of accounts payable by the Award Debtor to the applicant and if any amount has been adjusted against those outstanding, as and when an adjustment is made. It is clarified that the applicant is only 8/9
permitted to accept and appropriate the accounts payable to the applicant against the outstanding and it will not permit the Award Debtor to operate three bank accounts.
In view of the above, the chamber summons accordingly disposed without prejudice to the rights and contentions of the parties. (K.R. SHRIRAM, J.) 9/9