Legal Case against Triveni Infrastructure Builders, Faridabad

[aroraanil92@gmail.com]

IN THE HIGH COURT OF DELHI AT NEW DELHI
13.
CO.PET. 39/2009

DINESH MITTAL and ORS. ..... Petitioners
Through Mr. Soumitra G. Chaudhuri, Advocate for petitioner
No.6.

versus

[color=#000000][b]M/S TRIVENI INFRASTRUCTURE
DEVELOPMENT CO. LTD. ..... Respondent[/b][/color]
Through Mr. Arvind K. Nigam, Senior Advocate with Mr. S.S.
Chhabra and Mr. Alok K. Aggarwal, Advocates for respondent
company.
Mr. S.B. Gautam, Official Liquidator.
Mr. A.N. Haksar, Senior Advocate with Mr. Udayan Jain, Advocate as Amicus
Curiae.
Mr. Rajiv Bahl, Advocate, Nominee Director appointed by Court.
Mr. Rajesh Mahajan, ASC for Mr. Pawan Sharma, Standing Counsel for State
with Mr. Vinod Gandhi, Inspector (EOW).
Mr. Sanjeev Sabharwal, Standing Counsel for Income Tax Dept./ Applicant
in CA 1031/2011.
Mr. Vishnu Mehra with Mr. R.L. Kadamb, Advocates for SBBJ.
Mr. Gunjan Kumar, Advocate for Mr. Saran Suri, Advocate for Oriental
Bank of Commerce.
Mr. C.S. Chauhan, Advocate for Claimants.


CORAM:
HON'BLE MR. JUSTICE MANMOHAN



O R D E R
24.08.2011


In pursuance to the orders dated 27th and 28th July, 2011, copies of
the affidavits have today been handed over to Mr. Rajiv Bahl, nominee
Director appointed by this Court and learned Amicus Curiae.
Let the same be brought on record forthwith.
Mr. Arvind K. Nigam, learned senior counsel for respondent company
further prays for and is granted ten weeks time to file upto date audited
balance sheet as well as annual returns and profit and loss account of
the respondent company as well as of its subsidiaries.
It is made clear that in the event, the aforesaid documents are not filed within the aforesaid period, this Court would be left with no other option, but to initiate the process of cancellation of bail of the promoter-Directors/erstwhile Directors of respondent company.
In the meantime, the Official Liquidator and ITCOT Consultancy and
Services Ltd. are directed to proceed ahead with the valuation with
regard to the respondent?s land at Rewari and Dharuhera in Haryana and
file their valuation report before the next date of hearing.
List the matter before Court on 14th November, 2011 at 2:15 p.m.




MANMOHAN,J
AUGUST 24, 2011
js

[aroraanil92@gmail.com]

IN THE HIGH COURT OF DELHI AT NEW DELHI
13.
CO.PET. 39/2009

DINESH MITTAL and ORS. ..... Petitioners
Through Mr. Soumitra G. Chaudhuri, Advocate for petitioner
No.6.

versus

[color=#000000][b]M/S TRIVENI INFRASTRUCTURE
DEVELOPMENT CO. LTD. ..... Respondent[/b][/color]
Through Mr. Arvind K. Nigam, Senior Advocate with Mr. S.S.
Chhabra and Mr. Alok K. Aggarwal, Advocates for respondent
company.
Mr. S.B. Gautam, Official Liquidator.
Mr. A.N. Haksar, Senior Advocate with Mr. Udayan Jain, Advocate as Amicus
Curiae.
Mr. Rajiv Bahl, Advocate, Nominee Director appointed by Court.
Mr. Rajesh Mahajan, ASC for Mr. Pawan Sharma, Standing Counsel for State
with Mr. Vinod Gandhi, Inspector (EOW).
Mr. Sanjeev Sabharwal, Standing Counsel for Income Tax Dept./ Applicant
in CA 1031/2011.
Mr. Vishnu Mehra with Mr. R.L. Kadamb, Advocates for SBBJ.
Mr. Gunjan Kumar, Advocate for Mr. Saran Suri, Advocate for Oriental
Bank of Commerce.
Mr. C.S. Chauhan, Advocate for Claimants.


CORAM:
HON'BLE MR. JUSTICE MANMOHAN



O R D E R
24.08.2011


In pursuance to the orders dated 27th and 28th July, 2011, copies of
the affidavits have today been handed over to Mr. Rajiv Bahl, nominee
Director appointed by this Court and learned Amicus Curiae.
Let the same be brought on record forthwith.
Mr. Arvind K. Nigam, learned senior counsel for respondent company
further prays for and is granted ten weeks time to file upto date audited
balance sheet as well as annual returns and profit and loss account of
the respondent company as well as of its subsidiaries.
It is made clear that in the event, the aforesaid documents are not filed within the aforesaid period, this Court would be left with no other option, but to initiate the process of cancellation of bail of the promoter-Directors/erstwhile Directors of respondent company.
In the meantime, the Official Liquidator and ITCOT Consultancy and
Services Ltd. are directed to proceed ahead with the valuation with
regard to the respondent?s land at Rewari and Dharuhera in Haryana and
file their valuation report before the next date of hearing.
List the matter before Court on 14th November, 2011 at 2:15 p.m.




MANMOHAN,J
AUGUST 24, 2011
js

[mnhasan]

NEXT DATE OF HEARING IS 01/11/2011.WE WILL HAVE TO WAIT FOR LONG.IT IS NOT A CUP OF TEA TO GET A JUDGEMENT FROM INDIAN COURT SYSTEM.ANY WAY HOPE FOR THE BEST BUT AGITATION IS THE ONLY SOLUTION LIKE ANNA HAZARE.
THANKING U
M N HASAN

[vrati]

Hi !

Could the legal team please update the mebers on the outcome of the HC hearing on 6th Sept on this matter?

Thanks.

[harvinder1980]

Can anyone please clarify, who or what is 'ORS' here?

''DINESH MITTAL and ORS. ..... Petitioners''

[sagar.rajbhar]

ORS means other member with mittal

[mnhasan]

ORS---ORAL REHYDRATION SALT(JOKE)
BUT IN YOUR CASE IT MEANS "OTHERS"

[harvinder1980]

Thanks Guys.

The reason I was asking about this was - I have a flat in ORS Royal Residency Sector 89 and they have license on Triveni's name, so was wondering if this has to do something with my Project.

[aroraanil92@gmail.com]

IN THE HIGH COURT OF DELHI AT NEW DELHI

13.

CO.PET. 39/2009 and CO. APPL. 1031/2011, 1761/2011, 2267/2011



DINESH MITTAL and ORS. ?.. Petitioner

Through Mr. Soumitra G. Chaudhuri, Advocate
for petitioner No.6.


versus



M/S TRIVENI INFRASTRUCTURE

DEVELOPMENT CO. LTD. ?.. Respondent

Through Mr. A.N. Haksar, Senior Advocate

with Mr. Udayan Jain, Advocate as Amicus Curiae.

Mr. Sandeep Sethi, Senior Advocate with Mr. Sanjay S. Chhabra,
Advocate for Ex.-Management.

Mr. Ashish Makhija, Advocate for Official Liquidator.

Mr. Rajiv Bahl, Advocate, Nominee Director appointed by Court.

Mr. Joydip Bhattacharya, Advocate for Auction Purchaser/Adarsh
Build Estate Ltd. of Rewari land.

Mr. Ranbir Yadav, Advocate for farmers of Rewari land.

Mr. S.K Mishra, Advocate for farmers in Ghaziabad land and also for
applicant in CA 1413/2011.

Mr. R.K. Nagpal with Mr. Javed Iqbal, Advocates for Investors/Mr.
Nitin Garg and Mr. Rajiv Kumar and also for applicant in CA 182-183/2012.



Mr. Keshav Dayal, Senior Advocate with Mr. Gagan Mathur and

Mr. Sanjay Singh, Advocates for applicant in CA 129/2012.

Mr. Sunil Agarwal, Advocate for applicant in CA 156/2012.

Mr. Yatendra Sharma, Advocate for applicant in CAs 65/2012 and
67/2012.

Mr. Rajat Aneja, Advocate for Investors.

Mr. Dev Rishi, Advocate for

Mr. Saran Suri, Advocate for Oriental Bank of Commerce.

Cdr. J.K. Anand in person.





AND

14.

CO.PET. 333/2010



SH. SAMEER SHARMA ?.. Petitioner

Through Mr. Sarat Chandra with Mr. Sachin
Chandra, Advocates, Mr. B.K. Saini
and Dr. K.S. Bhati, Advocates.




versus



M/S TRIVENI INFRASTRUCTURE

DEVELOPMENT CO LTD. ?.. Respondent

Through Mr. A.N. Haksar, Senior Advocate

with Mr. Udayan Jain, Advocate as Amicus Curiae.

Mr. Sandeep Sethi, Senior Advocate with Mr. Sanjay S. Chhabra,
Advocate for Ex.-Management.

Mr. Ashish Makhija, Advocate for Official Liquidator.

Mr. Rajiv Bahl, Advocate, Nominee Director appointed by Court.

Mr. Asit Kumar Roy, Advocate for applicant in CA 2566/2011.

Mr. Mayank Grover, Advocate for applicant in CA 167/2012.

Mr. Kshitiz Khera, Advocate for applicant in CA 168/2012.

Mr. R.S. Paliwal, Advocate for applicants in CA 169/2012 and
172/2012.

Mr. Jayashree Shukla with

Mr. Apporve Karol and Ms. Mithu Jain, Advocates for applicant in CA
170/2012.

Ms. Shagun Mehta, Advocate for applicant in CA 171/2012.

Mr. Rajat Aneja, Advocate for applicant in CA 2454/2011.

Mr. Rajesh Dwivedi, Advocate for Mr. A.K. De, Advocate for
applicant in CA 89/2012.

Mr. Rajat Aneja, Advocate for Investors.

Mr. Dev Rishi, Advocate for

Mr. Saran Suri, Advocate for Oriental Bank of Commerce.

Cdr. J.K. Anand in person.





AND


CORAM:

HON'BLE MR. JUSTICE MANMOHAN



O R D E R

30.01.2012



In response to the advertisement inviting bids for respondent-
company?s lands situated at Daruhera and Ghaziabad, following bids have
been received :-



Sl. No.



Name of Bidder

Bid Amount (`)

Auctioned property/

land

EMD

Remarks

1.

M/s. Gayatri Infra Planner Pvt. Ltd.



15,51,50,000/-

Dharuhera

Cheque No. 435480 dt. 30/01/2012 for

` 75,00,000/- drawn upon OBC, Sector 63, Noida, U.P.

Bid offered only for 10.70 acres out of 17.02 acres

2.

Air Force Naval Housing Board, Race Course



24,69,01,000

Dharuhera

DD No. 519779 dt. 30/01/2012 for

` 2,46,85,000/- drawn upon Vijaya Bank, Service Branch, Delhi



--

3.

Ferrous Infrastructure Pvt. Ltd.

14,89,48,219

Dharuhera

Cheque No. 011402 dt. 25/02/2012 for

` 1,48,94,822 drawn upon ICICI Bank, Kachnar Marg, Gurgaon.

Bid offered only for 10.26 acres out of 17.02 acres

4.

JBB Farm and Resorts (Pvt.) Ltd.



24,00,00,000

Ghaziabad

Cheque No. 435428 dt. 29/02/2012 for

` 1,11,00,00/- drawn upon OBC, Sector 63, Noida, U.P.

Conditional bid



It is observed that the Dharuhera land for 17.02 acres comprises
both residential and commercial portions. Since two of the three bids
received for Dharuhera property are only for the residential portion, it
is agreed between the parties that the bid for Dharuhera property be
segregated into residential and commercial portions and bids be re-
invited separately for the same.

As far as property situated at Ghaziabad is concerned, this Court
finds that though the single bid received is higher than the reserve
price but the bidder wants that the third party liability to be taken
care by the respondent-company/Triveni Monitoring Committee. Since the
aforesaid properties are being sold on ?As is where is and whatever there
is basis? and third parties liability has not been quantified till date,
the said burden cannot be accepted by the respondent-company or Triveni
Monitoring Committee.

Accordingly, the respondent-company is directed to issue fresh
advertisement inviting bids for Dharuhera and Ghaziabad properties in
newspapers, namely, ?Hindustan Times? (English edition) and ?Nav Bharat
Times? (Hindi edition) on 14th February, 2012. The advertisements would
make it clear that the bids would be opened in the Court on 22nd March,
2012.

With consent of the parties, the reserve price for the residential
portion of Dharuhera property is fixed at ` 15.50 crores for 10.70 acres.
The reserve price for the commercial portion for remaining 6.32 acres is
fixed at ` 9.16 crores.



Further, the tender condition no. 6 is directed to be deleted from
the advertisements that has already been published on 5th January, 2012.
Accordingly, the amended advertisements and terms and conditions of sale
shall be published.


Mr. Joydip Bhattacharya, learned counsel for the successful bidder-M/s. Adarsh Build Estate Ltd. of Rewari property of the respondent-
company states that he wants thirty days time to amicably resolve all
disputes with all land owners/farmers. Let the needful be done before
the next date of hearing.
.
List on 22nd March, 2012 at 2.15 p.m

[dheerajjain]

Liquidation notice for Triveni has been put by Delhi High Court in Times of India newspaper. It is an impact of EOW FIRs that were filed by Triveni buyers.

[naveenarichwal]

I want to know who is winning and who is loosing the battle after so long fight by these bravehearts. Will these people get there dream home, will they be compensated in a way that they can buy a new home at todays rates.
If the company is liquidated than what will be the fate of money that these investors had put in to get home?

[BlessU]

Hi
Greetings

Message AS RECEIVED FROM TFAA

---------------

Please block your calenders for 30th April 2013 (Tuesday), TFAA plan plans to approach officers from various govt departments for quick and just action.

Note: it's is a working day and we expect everyone to reach Faridabad in full strength. The reason to select a working day is that we can meet officers who on a non-working day might not be available.

Hope 10 days is sufficient time for each of the working person to arrange for Holiday from their offices

The Meeting Point is Town Park, Sector 12, Faridabad on 30th April 2013 at 9:30 am

Request you to please start sending your confirmations on one of the following links:

http://tinyurl.com/TFAA-30Apr

or

https://docs.google.com/a/tfaa.in/sprea ... bmttWlE6MQ

For any queries send mail to support team on support@tfaa.in

---------------

Cheers

[BlessU]

Hi
Greetings

Please comment on http://forbesindia.com/blog/business-st ... ment-58306

With not even a single project being delivered on time, excessive charges for maintenance, broken promises, RAHEJA has now gone overboard with Dis-reputation Management Techniques by sending Legal notices to Industry experts for exposing the facts.

Apart from legal threats other builders like TRIVENI Infrastructure Limited, now under liquidation, are trying below the belt techniques by threatening to KILL, Frivolous FIRs against buyers and gondaism, while the administration expresses helplessness. 1000 of BSF and 3000 other families are seriously affected as court has received claims worth 1500+cr from creditors NRIs, Endusers, Home seekers are the worst sufferers in the absence of a regulator. Hope the new government brings a strict regulator to safeguard common mans aspirations and ensure responsibility of government through a transparent mechanism across the industry

Cheers

[dheerajjain]

Thanks, BlessU ! I posted the comment. Shocked to see Raheja builder inserting a clause in buyer's agreement against buyers for posting their grievances online. Modi ji aa gaye hain lekin builders are continuing with exploitation, cheating and loot. Who will take care of honest Middle Class tax paying citizens of this country?

[BlessU]

Hi
Greetings

Thanks Dheeraj and all those who have posted their comments on http://forbesindia.com/blog/business-st ... ment-58306

Here is another one.. Raheja through the pure strength of money extracted from home buyers and legal intimidation, has stooped another low by getting removed from You Tube, the STARK Video of Massive FIRE in its LUXURY project ATLANTIS, Gurgaon

https://app.box.com/s/wilu312s2gnhxc8fis21

Is braving fire in ones home the idea of LUXURY as per RAHEJA BUILDERS??

The video shows the extent of damage caused due to faulty construction of gas supply line and lack of fire fighting preparedness. If the KAAMWALI was to be blamed for having let the gas leak, why such a system be ever installed and buyers made to pay?? But what about the ineffective Fire Hoses, Lack of Access and timely action to douse the fire??

A genuine video which has no copyright by any news channel deleted from You tube and legal notices sent to Top Real Estate Analyst for speaking the truth. Speaks volumes about what harmless buyers can expect from cowboy builders, on the rampage shooting the messenger.

SUCH MASSIVE FIRES can happen with any of the high rises for which builders are charging hefty amounts for fire fighting, but without any surety and security.

A whole range of news about delays, pathetic project execution, cheating, mis commitment by Raheja Deleted from you tube

We have disabled the following material as a result of a third-party notification from Zee News claiming that this material is infringing:

Is It Worth Investing in 'Swaraj Lagoona',Panvel, Mumbai@25Lkh Sanjay of Qubrex on Zee Biz 17-Jan-13
http://www.youtube.com/watch?v=10AaAxiLCto

Is It Worth Investing in 'Tata Primanti' Gurgaon Sec-72 @ 4Cr Sanjay of Qubrex on Zee Biz 17-Jan-13
http://www.youtube.com/watch?v=I1QUIjnATfw

Sanjay Of Qubrex,Offers Some Good Property Options @ 25 lakh In Jaipur on Zee Business 17 Jan 13
http://www.youtube.com/watch?v=n_gRDC23CZ8

'CrossingRepublic Vs Noida' Under 50L Budget On Term Of Investment,Sanjay Sharma on ZeeBiz 17-Jan-13
http://www.youtube.com/watch?v=Av_P9cfostg

Video of the Fire in Raheja Atlantis (Raheja Developers, Gurgaon) In July 2009
http://www.youtube.com/watch?v=UnDENNUQyTM
...............................,

NRIs are the worst hit as they are unable to assess genuine situation/ground reality/views, as facts about builders and their projects are masked through DIS-REPUTATION MANAGEMENT TACTICS. Builders hardly share the basic statutory approvals, leave aside genuine opinion about their projects from them or their dallas.

Lalas of Triveni are moving around freely while the executive, DTCP, police, EOW, administration and courts aided by Legal dallas are hell bent to prove the liquidation of a company. Truth is that Money was sucked dry of the company and helpless buyers left high and dry. Fail to understand who taught maths to the judiciary, they cant see that the flat sold for 1500psf will not be available for 4000psf today, hence the entire preconceived sham liquidation and plan to transfer the assets for a song, without transfer of liabilities.

If Modi ji does not show the governance he is being PROMOTED for, it will soon be time for a string of dharnas at Jantar Mantar and Lal Quilla, as it seems.

Cheers