ஆருர்தா bail granted Crl.O.P.Nos.13061, 13568, 13626, 13928, 15409, 15935, 15938, 15941, 16018 & 16037 of 2022 G.K.ILANTHIRAIYAN, J. In pursuant to the earlier orders passed by this Court dated 23.06.2022, 04.07.2022, 11.07.2022 & 13.07.2022, the Competent Authority filed status report dated 18.07.2022 before this Court. 2. The learned Additional Public Prosecutor தாமோதரன் appearing for the respondent police submitted that the accused persons did not appear before the Competent

Crl.O.P.Nos.13061, 13568, 13626, 13928, 15409, 15935,
15938, 15941, 16018 & 16037 of 2022 G.K.ILANTHIRAIYAN, J.
In pursuant to the earlier orders passed by this Court dated
23.06.2022, 04.07.2022, 11.07.2022 & 13.07.2022, the Competent Authority filed status report dated 18.07.2022 before this Court.
2. The learned Additional Public Prosecutor appearing for the respondent police submitted that the accused persons did not appear before the Competent Authority to verify the genuineness of the claim made by the depositors for disbursal of the amount. He further submitted that so far, the Competent Authority received 22,682 claims from the depositors and it would amount to over Rs.200 crores. However, the frozen amount is only Rs.88 crores. Therefore, a decision has to be taken as to whether make full payment or proportionate or equitable payment to the depositors and it is necessary to arrive at a method of payment regarding full or proportionate/equitable payment to the depositors and criteria for considering amounts claimed by the depositors i.e., seniority of receipt of application or date of making deposit by the depositor, since the available amount for repayment is less than the claim made by the depositors. The petitioners already expressed their willingness to settle whatever the balance amount payable by them to the respective claimants.
3. Considering the above submission, the following further
directions are issued today:-
(i) All the Directors along with their branch Team head/Agent/ Representative in all the branches of the first accused company are directed to appear before the Competent Authority daily at 10.30 a.m., to 5.30 p.m., along with the depositors details, registration form, whatever the documents related to the amount deposited by the depositors, amount received by the depositors so far, and the balance amount to be paid to them from the principle amount, and to assist the Competent Authority to verify the genuinity of the claim made by the depositors.
(ii) The petitioners are directed to deposit a sum of
Rs.50,00,00,000/- (Rupees fifty crores only) jointly, by way of cash/ Demand Draft, before the Competent Authority on or before 25.07.2022.
(iii) The Special Court of TNPID Act, Chennai, is directed to return a sum of Rs.3,44,43,697/- which was seized and deposited by the respondent in Crime No.7 of 2022 to the Competent Authority so as to the Competent Authority can disburse the same to the depositors.
(iv) The Competent Authority is directed to disburse the amount to the respective claimants directly from the frozen bank account of the first accused company to the claimants’ bank account through NEFT/RTGS or any other mode of online payment.
(v) The Competent Authority after deducting the amount which was already received by the concerned depositor from the principle amount, as per the records submitted by the accused, shall disburse the balance amount, as directed by this Court from tomorrow onwards without fail in all days except Sunday. It is made clear that all the depositors are entitled to get back their principle amount and not the assured amount.
4. Post the matter on 25.07.2022 at 2.15 p.m., for further orders.
Interim order already granted by this Court is extended till then.
18.07.2022
rts
G.K.ILANTHIRAIYAN, J.
rts
To
1. The Secretary to Government,
Home, Prohibition and Excise Department, Chennai-9.
2. The District Revenue Officer, Chennai.
3. The Deputy Superintendent of Police, Economic Offences Wing,
Ashok Nagar, Chennai-83.
Crl.O.P.Nos.13061, 13568, 13626, 13928, 15409
15935, 15938, 15941, 16018 & 16037 of 2022
18.07.2022

You may also like...