Atleast In My Court, There Will Never Be A Question Of Anything Being Done In A 'Sealed Cover': Justice GS Patel Of Bombay HC [Read Order]

Justice Patel expressed sharp disapproval of the practice of submitting material in a 'sealed cover', he said-

"I am told that Mr Cama's clients have put some additional material in a sealed cover. Of course that has not been made available to me because these hearings are conducted online. In any case, I am making it abundantly clear that at least in my Court there is no question—and there will be never be a question—of anything being done 'in sealed cover'. Anything that I can see, all parties before me are entitled to see. That is all there is to it. This is the only method that I know of to ensure an open and transparent decision-making process. Those details will, therefore, need to be set on Affidavit. I am also making it clear that it is not possible for any party to unilaterally decide to put material into a sealed cover. Since I have made it clear that I am not permitting any sealed cover submissions, there is no question of any party arrogating to itself any such right or privilege of any such nature in any circumstances."

Court was hearing a batch of arbitration petitions filed by various petitioners against Anugrah Stock & Brokers Pvt Ltd wherein the petitioners claim that Anugrah caused them extensive financial and monetary loss. There are accusations and allegations of illegal and unauthorised trades. By promising very high returns, Anugrah lured investors and took large sums from them. Teji Mandi is also one of the respondents and allegedly acted as Anugrah's sub-broker.

After Justice Patel's strong reaction on the sealed cover, Advocate Rohan Cama, who was appearing for Anugrah Stock & Brokers expressed an apprehension that this material in the sealed cover will find its way into the press. Justice Patel intervened-

"I could not care less. That is not my concern. The fourth estate will do its job and I will do mine. I decide matters before me on the basis of the papers filed in Court, not newspapers delivered to my doorstep. The press exists for a reason. It has a purpose, one that it serves. I cannot and will not curtail the rights of the free press at the instance of this or that party. I refuse to proceed on the basis that the press is always irresponsible. There will be no gag orders here."

Court further remarked-

"The choice before Anugrah is, therefore, clear. It may choose not to file whatever it has said in sealed cover and then take the consequences that follow, or it will file whatever it has said in that sealed cover on Affidavit and serve this on all parties. I will not compel that decision. I will leave that to Mr Cama and his clients to decide. I have every confidence that Mr Cama will guide his clients correctly especially in the light of foregoing observations."

Finally, Court directed the Court receiver to take symbolic possession of all fixed assets of Anugrah Stock & Brokers Pvt Ltd.

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