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2025 DAILYLAW 37895 (DEL)

TATA POWER SOLAR SYSTEMS LIMITED & ANR. v. WWW.TATAPOWERSOLARDEALERSHIP.CO.IN & ORS.

CS(COMM)/419/2024 · 2025-02-13

Amit Bansal

body2025

Judgment text

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CS(COMM) 419/2024 $~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. 10026/2025 IN + CS(COMM) 419/2024 TATA POWER SOLAR SYSTEMS LIMITED & ANR. .....Plaintiffs Through: Mr. Peeyoosh Kalra, Mr. C.A Brijesh and Mr. Krisna Gambhir, Advocates. versus WWW.TATAPOWERSOLARDEALERSHIP.CO.IN & ORS. .....Defendants Through: Ms. Aishwarya Kane, Advocate for D- 4. Mr. Kishan Rawat, Advocate for D-8. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 22.04.2025 I.A. 10026/2025 (for modification of order dated 13.02.2025) 1. This application has been filed on behalf of the defendant no.8/Central Bank of India, seeking modification of the directions contained in the order passed by this Court on 13th February, 2025. 2. The relevant directions contained in paragraphs no. 39, 40 and 41, of which modification is sought, are set out below:- “39. Insofar as prayer clause 32 (e) is concerned, the defendants no. 6 to 14/ Banks are directed to freeze all the bank accounts This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:01:34 CS(COMM) 419/2024 mentioned below: ACCOUNT NUMBER RESPECTIVE BANKS 400519210000006 Bank of India (D6) 110161081084 Canara Bank (D7) 110177058203 Canara Bank (D7) 110182430078 Canara Bank (D7) 5540938159 Central Bank of India (D8) 219401000007090 Indian Overseas Bank (D9) 18290100048682 Federal Bank of India (D10) 0569000100543045 Punjab National Bank (D11) 5866000100059983 Punjab National Bank (D11) 219401000007090 Indian Overseas Bank (D9) 60483735630 Bank of Maharashtra (D12) 60484882211 Bank of Maharashtra (D12) 41394259006 State Bank of India (D13) 23563211005858 UCO Bank (D14) 40. After freezing the said bank accounts, the defendants no. 6 to 14 are directed to transfer the funds in the aforesaid bank accounts to Reserve Bank of India’s Depositor and Education Awareness Fund, within four (4) weeks from today. 41. Let an affidavit of compliance be filed on behalf of the defendants no. 6 to 14/ Banks, within six (6) weeks from today.” 3. Counsel for the applicant submits that in terms of the Depositor Education and Awareness Fund Scheme, 2014 (hereinafter the ‘Scheme’), the amounts can be transferred to the Reserve Bank of India's Depositor and Education Awareness Fund only if the accounts have not been operated for ten (10) years or more, or any amount remains unclaimed for ten (10) years or more. 4. The order passed by this Court was not in terms of the aforesaid Scheme. The order was passed after taking into account that the funds lying in the aforementioned banks, including the defendant no. 8, were amassed This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:01:34 CS(COMM) 419/2024 on account of fraudulent activities carried out by the defendants, and therefore, the directions were issued in this regard. Accordingly, the funds in the account with the defendant no.8 should be transferred to the Reserve Bank of India's Depositor and Education Awareness Fund so that the same can be used for the public good. 5. In view thereof, no grounds for modification of the order passed by this Court are made out. 6. The application is, therefore, dismissed. AMIT BANSAL, J APRIL 22, 2025 Vivek/- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:01:34