VidhiSangh

Supreme Court of India · 15/07/2024

BALASAHEB KESHAWRAO BHAPKAR & ORS. versus SECURITIES AND EXCHANGE BOARD OF INDIA & ORS.

[2024] 7 S.C.R. 730 · 2024 INSC 525

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In exceptional circumstances involving long-detained directors and delayed refunds to Sai Prasad Group investors, the Court constituted a High-Powered Sale Committee under Article 142 to sell attached assets and administer refunds. It prescribed valuation, auction, records, account and claim-verification procedures, required cooperation by the companies and States, and granted the first two petitioners interim bail across all FIRs to facilitate the process.

Issues

  1. What mechanism could expedite sale of attached company assets and refund investors.
  2. What powers, safeguards and responsibilities should govern the sale committee and claims process.
  3. Whether interim bail across the related FIRs was appropriate in these exceptional circumstances.

Provisions considered

Held

Result

High-Powered Sale Committee constituted with directions for asset sales, investor refunds, cooperation and expenses. Petitioners 1 and 2 granted interim bail in all FIRs on the special facts, to the satisfaction of the MPID Court, Mumbai; Committee permitted to seek further directions.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 730.