Supreme Court Rejects Sahara Companies' Plea To Recall Order Imposing Rs 10 Lakhs Cost
The Supreme Court recently dismissed an application by Sahara group companies seeking to recall its previous order which imposed heavy costs on 10 group companies and their 20 directors. As per the order, the costs were to be deposited for the Wayanad landslide relief fund.The bench of Justice Sudhanshu Dhulia and Justice KV Chandran rejected the plea and observed that allowing the recall...
The Supreme Court recently dismissed an application by Sahara group companies seeking to recall its previous order which imposed heavy costs on 10 group companies and their 20 directors. As per the order, the costs were to be deposited for the Wayanad landslide relief fund.
The bench of Justice Sudhanshu Dhulia and Justice KV Chandran rejected the plea and observed that allowing the recall would virtually mean sitting in review of the order. The Court while dismissing the recall application recorded :
"This amount have not been deposited by the petitioners and now they made a prayer for recalling of that order. This Court is not inclined to recall that order, as this amounts to a review of the order. We see no reason to entertain this prayer here and the same is dismissed."
As per the order passed in August 2024, ten group companies had to pay Rs. 10,00,000/- (ten lakhs rupees) for repeated adjournments and the top 20 Directors of the 10 Group Companies to pay 5,00,000 each for non-compliance with the orders passed by this Court. The deposit had to be made in the Relief Fund of the Chief Minister of Kerala with a direction to the State Government to utilize the said costs towards relief and restoration of the damages suffered at Wayanad, Kerala in the aftermath of the landslide in 2024.
Notably, the August order recorded that the petitioners had not complied with an earlier order of October 2023 as per which the petitioners were required to furnish a list of assets of the top 10 Group Companies and personal assets of their top 20 directors before the Court.
In the October 10, 2023 hearing, the Court was hearing the issue of non-completion of the housing project 'Sahara City Homes', Jaipur, Rajasthan. There the court noted that since multiple petitions are pending before the District and State Commissions on the failure of completion of the project.
The bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah was informed that due to another order of the Supreme Court of 2013 in S.E.B.I. Vs. Sahara India Real Estate Corpn. Ltd. & Ors, the Sahara Group was presently not able to part with any movable/immovable properties, till further orders. In light of the same, it had directed to furnish the details of the personal assets of the directors and companies concerned.
Case Details : DEPUTY CHIEF MANAGER WORKER & ANR. VERSUS RAJINDER KUMAR & ORS.| Special Leave to Appeal (C) No(s). 12491/2018