Ritika Awasty vs The State Of Uttar Pradesh

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

I.A. Nos.6484 & 10722 of 2018 and 58055 of 2021 IN SPECIAL LEAVE PETITION (CRL.) NO. 10244/2015

RITIKA AWASTY …Petitioner(s)

VERSUS

STATE OF U.P. & ORS. …Respondent(s)

JUDGMENT

SANJAY KAROL, J.

1. The prayers made in the instant Interlocutory Applications are;

in I.A.No.6484 of 2018 - vacation/ modification of the Order

dated 15.12.2017 so far as it reflects the properties of the

Signature Not Verified applicants therein, namely, Mr. Virender Awasty, Mrs. Veena Digitally signed by Deepak Singh Date: 2023.04.24 18:01:56 IST Reason: Awasty and Mrs. Urmil Tewari alleged to be owned by the

petitioner in the special leave petition, namely Ms. Ritika Awasty 2

and/or her husband, namely, Mr. Virkaran Awasty; I.A.

No.10720 of 2018 is for impleadment of Mrs. Manju Awasty as

owner to enable her to file a detailed affidavit in respect of the

very same property, which is essential for the adjudication of

the present lis; in I.A. No.58055 of 2021- vacation of the

restriction on the applicant namely Mrs. Monica Gogia to

transfer another property “C-1/2, Vasant Vihar, New Delhi”

alleged to be owned by Ms. Ritika Awasty and her husband.

2. Prior to dealing with the subject I.A.s it is important to

appreciate the history of the properties which are the reasons

for origin for the present interlocutory applications.

Property – 5/1, Vasant Vihar, New Delhi

3. The property subject matter of IA No.6484 of 2018 and 10722

of 2018 was purchased by Late Mr. Haridas Awasty in the year

1966 who later created an HUF making instant property i.e.

5/1, Vasant Vihar, New Delhi, a part thereof. However,

subsequently in the year 1990, the same was dissolved and the

property partitioned vide a deed dated 1.4.1990, into four parts.

The partition was affected to the following effect: 3

PORTION OF THE NAME OF THE DEMISED PROPERTY RECEIVER Ground Floor (Front Major General Portion) (Retd.) Viren der Awasty

First Floor (Front Portion) Shri Vinay Kumar Awasty Second Floor (Front Portion) Late Shri Hari Das Awasty Rear Portion Shri Vijay Kumar (Double-storied structure Awasty measuring 2670 sq. ft.)

The Portion belonging to Late Shri Haridas Awasty was

bequeathed to his daughter Smt. Urmil Tewari and after his

death in October, 1990 and the death of his wife Smt.

Satyawati Awasty in July, 1999, the property stood mutated

in favour of Mr. Virender Awasty, Mr. Vinay Kumar Awasty,

Shri Vijay Kumar Awasty and Mrs. Urmil Tewari. After the

passing away of Mr. Vijay Kumar Awasty and Mr. Vinay

Kumar Awasty, there respective portions went to Mrs. Manju

Awasty and Mrs. Veena Awasty and currently the ownership

of the property stands as under:

PORTION OF THE NAME OF THE PRESENT DEMISED PROPERTY LEGAL OCCUPANT Ground Floor (Front Major General (Retd.) Portion) Virender Awasty

First Floor (Front Shri Veena Awasty (widow Portion) of Late Shri Vinay Kumar Awasty) 4

Second Floor (Front Smt. Urmil Tewari Portion) (daughter of Late Hari Das Awasty) Rear Portion Smt. Manju Awasty (Double-storied (widow of Late Shri Vijay structure measuring Kumar Awasty) 2670 sq. ft.)

Property – C 1/2, Vasant Vihar, New Delhi

4. The above captioned property is the subject matter of IA

No.58055 of 2021 filed by one Mrs. Monica Gogia in respect of

vacation of the stay upon the right of transferring the property

vide order dated 15.12.2017.

5. The background of this property measuring 600 sq. yards

coming to rest in the hands of the applicants is that she had

purchased the property from Mr. Virkaran Awasty and Mrs.

Ritika Awasty for a consideration of rupees Forty Crores Eighty

Lakhs vide a sale deed dated 31.7.2015. The seller had

purchased the property from the erstwhile owners, namely Smt.

Drinko Tsentso Pureval, Sh. Shivinder Singh and Smt. Pradeep

Dhillon, vide a settlement deed dated 8.5.2013.

Background of the case:

6. Allegedly, in the year 2015 Ms. Ritika Awasty and her husband

procured goods, i.e., food grains from M/s. Bush Foods 5

Overseas Pvt. Ltd., Bahalgarh. Alleging fraud, cheating and

dishonesty, certain FIRs in relation to the said transactions

were registered against Ms. Ritika Awasty, who preferred

petitions before different fora in which certain orders were

passed, including the order dated 26.10.2015 passed in

CRMWP No.25356 of 2015 titled as Ritika Awasty Vs. State of

U.P. & Ors., subject matter of the present

SLP(Crl.)No.10244/2015. During the pendency of the present

petition, several orders including order dated 15.12.2017, which

is extracted hereunder, was passed :

“It is stated by Ms. Aishwarya Bhati, learned Additional Advocate General for the State of U.P. that they are going to take necessary steps under Section 82 of the Code of Criminal Procedure before the concerned Magistrate for issuance of the appropriate warrant. Let it be done as expeditiously as possible.

We have considered the affidavit filed by Dr. Rajeev Ranjan, Under Secretary (Extradition) in the Ministry of External Affairs. In the affidavit, various steps which have already been taken are pointed out. It has been assured that they are considering various steps that may be taken to bring the petitioner back to India in accordance with law. Mr. K.K. Venugopal, learned Attorney General submits to this Court that for declaring the petitioner as proclaimed offender, proceedings should be initiated and a proposal has already been made to attach the following properties in the name of the petitioner and her husband:-

“(1) 5/10 Shanti Niketan, New Delhi Mr. Vir Karan Awasthy (Husband) 6

(2) C-1/2 Vasant Vihar, New Delhi The said property was purchased by Mr. Vir Karan Awasthy (husband of the petitioner) vide sale deed dated 30.6.2011. The same was sold by him to Mrs. Monica Gogia vide registered sale deed dated 5.8.2015.

(3) 5/1 Vasant Vihar, New Delhi

Rear Units Front Units GF Manju Awasthy, GF Virender Awasthy mother of Vir FF Karan Awasthy FF Veena Awasthy (husband of SF petitioner SF Mrs. Urmil Tewari”

At this stage, we deem it appropriate to attach the property mentioned at Sl.No.1 and 3.

Issue notice to Mrs. Monica Gogia, the occupants of property at Sl.No.2 at C-1/2 Vasant Vihar, New Delhi who had purchased the property vide sale deed dated 5th August, 2015 to show cause why property be not attached. The respondent Mrs. Monica Gogia and other concerned are restrained from transferring the property at C-1/2 Vasant Vihar, New Delhi until further orders.”

I.A. No.6484 of 2018

7. The present Interlocutory Application is filed seeking

modification/vacation of order dated 15.12.2017 in SLP (Crl.)

10244 of 2015 by which this court permitted the attachment of

properties “in the name of the petitioner and her husband”, the

details of which are as under-

(1) S/10 Shanti Niketan, New Delhi

(2) 5/1 Vasant Vihar, New Delhi.

7 8. It was submitted that the applicants are of distinguished age,

have been law abiding citizens and such attachment of property,

which does not belong to the petitioner or her husband, has

caused grave prejudice to the absolute rights of the applicants,

the rights over which, they have enjoyed for over twenty five

years. It was further submitted that the applicants have no

relation to or knowledge of the activities of the petitioner. It was

in the above facts that attachment of the above stated property

was prayed to be vacated.

I.A. No.10720 of 2018

9. The instant Interlocutory Application has been filed by one Mrs

Manju Awasty, for impleadment in the proceedings by special

leave bearing number SLP (Crl) 10244 of 2015. She submits that

her property at 5/1 Vasant Vihar, New Delhi., rear portion

thereof, a double storeyed structure of 2670 sq ft., has been

attached by this court vide order dated 15.12.2017. She had

received this property from her husband as a life estate and it

now rests in her name at the Municipal Corporation of Delhi.

10. The applicant has no relation to the present case, and it is

essential that attachment against the said property is 8

necessarily to be vacated in the interest of justice. Further,

prayer has been made to allow the impleadment, enabling her

to file a detailed reply in respect of her property, which, it is

submitted is crucial to the present case being adjudicated.

I.A. No.58055/2021

11. This Interlocutory Application has been filed by one Mrs Monica

Gogia to vacate the stay order issued on 15.12.2017, by which

she has been enjoined from transferring the property C-1/2

Vasant Vihar, New Delhi.

12. This property, with the above mentioned particulars was, as it

appears from perusal of records of the case, one of the three

properties proposed to be attached, as submitted by the Learned

Attorney General and recorded in the order dated 15.12.2017.

However, attachment was not directed therefor.

13. The application of the present applicant, Mrs. Monica Gogia also

explains, along with documentary evidence, how the property of

the abovesaid particulars came to rest with the petitioner and

then eventually with her. It is submitted that in the absence of

vacation of stay, grave harm would befall the applicant. 9

Conclusion:

14. The ownership of 5/1, Vasant Vihar, New Delhi resting with the

applicants in IA No.6484 of 2018 is not a disputed position of

fact. The assertion that the applicants therein do not have

anything to do with/or are not in any way connected to the

business dealing of petitioner – Ms. Ritika Awasty or her

husband Mr. Virkaran Awasty also cannot be denied or

disputed. Also the transfer of the property in the name of the

present owners could not be linked to the transaction, subject

matter of criminal investigation.

15. In respect of the second property i.e. C 1/2, Vasant Vihar, New

Delhi, it could not be pointed out from the material placed on

record that it was a “sham” transaction. We may also notice that

the sale deed in respect of this property was dated 31.7.2015 by

way of which the rights of the applicant have solidified prior to

the registration of FIRs in connection with unpaid dues of the

company in which the petitioner was a promoter. With the bona

fide ownership of Mrs. Monica Gogia being established at least

prima facie, and in the absence of any link prior or present of

such bona fide owner with the business dealing of the petitioner

or her husband, the continued operation of the Order dated 10

15.12.2017 is prejudicially affecting the rights of ownership

which the applicant in IA No.58055 of 2021 undoubtedly enjoys.

16. The Interlocutory Applications, for the reasons recorded

hereinabove, and also for the particular reason that prima facie

no proximate link could be established to justify the attachment

of property of the relatives of the petitioner herein, or the

purchaser of her property, to compensate for the defaults that

may account to her or her husband; are allowed. Consequently;

(1) The entire property 5/1 Vasant Vihar, New Delhi, is de-

attached. The order dated 15.12.2017 is modified to such

extent;

(2) The application for impleadement filed by Mrs. Manju

Awasty is disposed of;

(3) The restriction imposed on Mrs. Monica Gogia, bona fide

buyer and owner of C-1/2 Vasant Vihar, New Delhi from

transferring the property as captioned, is vacated.

17. It stands clarified that this order is only limited to the reliefs as

indicated in the instant applications and shall in no way come

in the way of any other investigations/ proceedings connected

with the main matter, not least the extradition proceedings that 11

have been duly approved and are underway or any other

proceedings indicated under the fiscal/penal laws of the land.

18. The main matter be listed once the extradition proceedings

against Ms. Ritika Awasty and/or her husband Mr. Virkaran

Awasty reach their logical and lawful conclusion.

19. The Interlocutory Applications are disposed of accordingly.

………………………..J. (KRISHNA MURARI)

…………………….J. (SANJAY KAROL) Dated :17th April, 2023 Place : New Delhi.