Jagriti Upbhogta Kalyan Parishad And Others v. Union Of India & Others

1. An application has been filed on behalf of Respondent 12 for further extension of time to deposit the sum of rupees five lakhs. The said respondent was directed to deposit the said amount within two weeks under the order dated 17-11-1997. The period for making the said deposit was extended by two weeks under the order dated 9-1-1998

2. We have heard the learned counsel for the said respondent/applicant on this application. In our opinion, no case is made out for grant of further time for making the said deposit. The application for extension of time is, therefore, dismissed

3. Shri A. K. Ganguli, the learned Senior Counsel appearing as amicus curiae, has pointed out that in the report of the Oil Coordination Committee, which is filed as Annexure R-4 to the affidavit of Shri O. N. Singh, Dy. Secretary to the Government of India, it is stated that Respondent 12 has collected funds to the tune of Rs. 30 to 35 crores. Having regard to the aforesaid circumstance, we consider it necessary to give suitable directions for safeguarding the interest of the consumers who have made the deposit with Respondent 12. It is, therefore, directed that -

(1) All the bank accounts of Respondent 12, as well as the bank accounts of the directors of Respondent 12 shall be frozen forthwith and the banks concerned shall not permit Respondent 12 and their directors a to operate the said accounts till further orders from this Court

(2) The District Judges of Lucknow, Meerut, Mathura and Mainpuri in U.P. and the District Judge having jurisdiction at Pipavav Port in Gujarat shall take immediate steps to attach the properties (moveable as well as immovable) of Respondent 12, set out hereunder, as mentioned in para 6 of the affidavit of Shri Lalji Verma dated 13-11-1997 (at pp. 253-254 of the paper-book) which fall within their respective jurisdiction(i) Lands at Mohanlalganj, Lucknow, Meerut, Mainpuri and Mathura

(ii) Bottling plant at Mohanlalganj, Lucknow

(iii) SKO storage at Mohanlalganj, Lucknow

(iv) Kerosene and LPG port storage facility project at Pipavav Port, Gujarat

(v) Vehicles (staff cars and scooters)

(vi) Furniture and fixtures

(vii) Electrical equipments

(viii) Electrical installations

(ix) Computers

(x) Stock of lubricating oil

(xi) Stock of LP gas

(xii) Cylinders and regulators

(xiii) Sundry debtors

(xiv) Other current assets

(xv) Loans and advances

(3) The Managing Director of Respondent 12 shall file an affidavit in this Court within two weeks giving full particulars of the bank accounts of Respondent 12 as well as the bank accounts and the properties of all the directors of Respondent 12 and Pramod Tiwari and Abha Tiwari, Promoter and Developer of Respondent 12

(4) In the meanwhile, the directors of Respondent 12 shall not alienate or create encumbrance on any of their properties

4. The report of the Oil Coordination Committee makes a reference to 18 FIRs registered against Respondent 12 at Hazratganj Police Station, U.P., Lucknow and to 11 FIRs registered against M/s. Shree Ram Petroleum. The Director General of Police (Economic Offences Wing), U.P., Lucknow, shall submit a report about the progress of the investigation in those cases within four weeks

5. A copy of this order may be sent to the Director General of Police (Economic Offences Wing), U.P., Lucknow, and the District Judges, Lucknow/Meerut/Mainpuri and Mathura in U.P., and the District Judge having jurisdiction at Pipavav Port in Gujarat. The said District Judges shall submit their reports regarding action taken within four weeks

6. List on 20-3-1998.