VidhiSangh

Supreme Court of India · 29/03/2023

PINAK PANI MOHANTY versus UNION OF INDIA AND ORS.

[2023] 3 S.C.R. 778 · 2023 INSC 320

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

Summary

In a writ petition concerning depositors of the Sahara Group of cooperative societies, the Union of India sought transfer of Rs. 5,000 crores out of about Rs. 24,979 crores lying unutilised in the Sahara-SEBI Refund Account to pay the legitimate dues of those depositors. The Solicitor General stated that Rs. 2,253 crores of the corpus had been taken from Sahara Credit Cooperative Society and deposited with SEBI, and that the amount was free of any charge or attachment. The Supreme Court found the prayer reasonable and in the larger interest of genuine depositors, and directed the transfer to the Central Registrar of Cooperative Societies for transparent disbursal to identified depositors against proof of deposit, under the supervision of a former Judge assisted by an amicus curiae, within nine months, with the balance to be returned to the Refund Account.

Issues

  1. Whether part of the unutilised corpus in the Sahara-SEBI Refund Account should be transferred to the Central Registrar of Cooperative Societies to pay the legitimate dues of depositors of the Sahara Group of cooperative societies, and on what terms.

Provisions considered

Held

Result

Application disposed of; Rs. 5,000 crores to be transferred from the Sahara-SEBI Refund Account to the Central Registrar of Cooperative Societies for payment to genuine depositors of the Sahara Group of cooperative societies within nine months under the supervision of Justice R. Subhash Reddy with amicus curiae Shri Gaurav Agarwal, on monthly honoraria of Rs. 15 lakhs and Rs. 5 lakhs respectively; balance to be returned to the Refund Account.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 778.