Disposed

Mahesh Kumar Agrawal and 15 Others v. State of U.P. and 5 Others

Allahabad HC10 May 2023WRIC/33108/2022

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of six connected writ petitions concerning Sahara Cooperative Society deposit disputes by relying on a prior judgment (Writ C No. 3827 of 2023), directing petitioners to approach the Central Registrar of Cooperative Societies based on Supreme Court directions.

What did the court decide?

All writ petitions disposed of by directing petitioners to approach the Central Registrar of Cooperative Societies or Amicus Curiae per prior judgment.

Mahesh Kumar Agrawal and 15 Others Vs… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:101262-DB

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Court No. - 3

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Case :- WRIT - C No. - 33108 of 2022

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Petitioner :- Mahesh Kumar Agrawal And 15 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- C.S.C.,A.S.G.I.,Gopal Verma

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connected with

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Case :- WRIT - C No. - 12924 of 2022

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Petitioner :- Mahesh Kumar Agrawal And 15 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- C.S.C.,Gopal Verma

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And

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Case :- WRIT - C No. - 23992 of 2022

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Petitioner :- Parshottam Das And 4 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Kunal Shah Counsel for Respondent :- A.S.G.I.,Chandra Bhan Gupta,Gopal Verma,Pawan Kumar Rao And Case :- WRIT - C No. - 28314 of 2022

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Petitioner :- Maya Devi Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ajay Kumar Upadhyay Counsel for Respondent :- A.S.G.I.,C.S.C.,Sunil Sharma

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And

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Case :- WRIT - C No. - 8838 of 2023

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Petitioner :- Gaurika Sharma And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- C.S.C.,A.S.G.I.,Gopal Verma And

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Case :- WRIT - C No. - 8900 of 2023

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Petitioner :- Gaurika Sharma And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- C.S.C.,A.S.G.I.,Gopal Verma

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And

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Case :- WRIT - C No. - 12865 of 2023

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Petitioner :- Poonam Garg And 2 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- A.S.G.I.,Purnendu Kumar Singh

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Hon'ble Surya Prakash Kesarwani,J.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Manoj Kumar Mishra, Sri Ajay Kumar Upadhyay and Sri Kunal Shah, learned counsel for the petitioners, Sri S.P. Singh, learned Additional Solicitor General of India assisted by Sri Gopal Verma, Sri Purnendu Kumar Singh and Sri Sunil Sharma, learned Central Government Standing Counsels for the respondent-Central Registrar and Sri Chandra Bhan Gupta along with Sri Pawan Kumar Rao, learned counsels for the respondentSahara Credit Co-operative Society Ltd. in all the above petitions.

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2. All the learned counsel for the parties jointly state that the controversy involved in these batch of petitions is squarely covered by a judgement and order dated 10.4.2023 passed by this Court in Writ C No. 3827 of 2023 (Umesh Kumar Vishwakarma vs. State of U.P. and 3 Others) and therefore, all the present writ petitions may also be disposed of in terms of the judgement and order passed in the aforesaid Writ C No. 3827 of 2023.

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3. The judgment and order dated 10.4.2023 passed in Writ C No. 3827 of 2023 (Umesh Kumar Vishwakarma vs. State of U.P. and 3 Others) is reproduced below:-

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“Heard learned counsel for the parties.

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Shri Farough Ahmad, Advocate has put in appearance on behalf of respondent No.4 and has filed today the counter affidavit dated 6.04.2022 on behalf of respondent No.4.

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This writ petition has been filed praying for the following relief;

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"(i) issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to decide the representation dated 03.01.2022, within some stipulated period."

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Grievance of the petitioner is that her mother namely Chamela Devi had deposited a sum of Rs.5 lacs before the Saharayan Universal Multipurpose Society Ltd. of which various receipts have been issued by the Branch/Authorised Center Nawabganj, Kaudihar, F.C.1805 (6446) Sector Phulpur Region, Allahabad which matured on 29.01.2022 total amounting Rs.11,49,790/-. The mother of the petitioner died on 29.04.2021 and petitioner's name has also been recorded as successor but the respondent No.4 has not paid the maturity amount of the aforesaid deposits made by the mother of the petitioner.

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In paragraph No.11 of the counter affidavit filed by respondent No.4, it has been stated as under:-

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"11. That the contents of paragraph nos.11 of the writ petition are incorrect and denied and in reply it is submitted that the matter of Sahara Group under which Saharayan Universal Multipurpose Society Ltd. also comes was pending before the Hon'ble Supreme Court and an embargo was put on the Sahara Group's by Hon'ble Supreme Court barring transfer or release the amount deposited in Sahara Group bank accounts. Hon'ble Supreme Court in writ petition (C) No.191 of 2022 (Pinak Pani Mohanty Vs. Union of India and Ors.) vide order dated 29.03.2023 was pleased to direct SEBI to transfer Rs.5,000 crores to the Central Registrar Co-operative Society who in turn, shall disburse the same against the legitimate dues of the depositors of the Sahara Group of Cooperative Societies, which shall be paid to the genuine depositors in the most transparent manner and on proper identification and on submitting proof of their deposits and proof of their claim and to be deposited in

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their respective bank accounts directly. A true copy of the order dated 29.03.2023 passed by the Hon'ble Supreme Court in writ petition (C) No.191 of 2022 is being filed herewith and marked as Annexure No.CA-1 to this counter affidavit."

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Along with the aforesaid counter affidavit, respondent No.4 has filed, a copy of the order dated 29.03.2023 passed by the Hon'ble Supreme Court in Writ Petition (C) No.191 of 2022 (Pinak Pani Mohanty Vs. Union of India and Ors.).

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In the aforesaid writ petition, an I.A. No.56308 of 2023 was filed which has been disposed of by the Hon'ble Supreme Court by the aforesaid order dated 29.03.2023, directing as under:-

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"Therefore, the present application stands disposed of with the following directions:-

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(i) Out of the total amount of Rs.24,979.67 Crores lying in the 'Sahara-SEBI Refund Account", Rs.5000 Crores be transferred to the Central Registrar Cooperative Societies, who, in turn, shall disburse the same against the legitimate dues of the depositors of the Sahara Group of Cooperative Societies, which shall be paid to the genuine depositors in the most transparent manner and on proper identification and on submitting proof of their deposits and proof of their claims and to be deposited in their respective bank accounts directly.

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(ii) The disbursement shall be supervised and monitored by Justice R.Subhash Reddy, Former Judge of this Court with the able assistance of Shri Gaurav Agarwal, learned Advocate, who is appointed as Amicus Curiae to assist Justice R. Subhash Reddy as well as the Central Registrar of Cooperative Societies in disbursing the amount to the genuine depositors of the Sahara Group of Cooperative Societies. The manner and modalities for making the payment is to be worked out by the Central Registrar of Cooperative Societies in consultation with Justice R. Subhash Redddy, Former Judge of this Court and Shri Gaurav Agarwal, learned Advocate.

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(iii) Rs.15 lakhs per month be paid to justice R. Subhash Reddy, Former Judge of this Court and Rs.5 lakhs per month be paid to Shri Gaurav Agarwal, learned Amicus Curiae towards their honorarium.

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(iv) We direct direct that the amount be paid to the respective genuine depositors of the Sahara Group of Cooperative Societies out of the aforesaid amount of Rs. 5,000 Crores at the earliest, but not later than nine months from today. The balance

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amount thereafter be again transferred to the "Sahara-SEBI Refund Account."

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Since in paragraph no.11 of the Counter Affidavit filed by respondent No.4, it has been stated that Saharayan Universal Multipurpose Society Ltd. belongs to Sahara Group and under direction of Hon'ble Supreme Court a sum of Rs. 5,000 crores have been transferred to the Central Registrar Cooperative Society for disbursement of legitimate dues of Sahara Group of Cooperative Societies, therefore, it would be appropriate that the petitioner may approach the Central Registrar of Cooperative Society or to Amicus Curiae recommended by the Hon'ble Supreme Court for the payment of his maturity amount.

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With the aforesaid observation, the writ petition is disposed of.”

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4. As jointly prayed by learned counsel for the parties as aforenoted, all the above writ petitions are disposed of in terms of the judgement and order dated 10.4.2023 passed in Writ C No. 3827 of 2023 (Umesh Kumar Vishwakarma vs. State of U.P. and 3 Others).

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Order Date :- 10.5.2023 Kirti

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Digitally signed by :- KIRTI SAHU High Court of Judicature at Allahabad

Mahesh Kumar Agrawal and 15 Others v. State of U.P. and 5 Others

Case brief

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Mahesh Kumar Agrawal and 15 Others v. State of U.P. and 5 Others

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