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On the issue of non-bailable warrants still being issued against Heera Gold, from different courts in different states even though the complete investigation was now with the SFIO, Court directed the SFIO to look into it and also directed the States to provide requisite data.
The Supreme Court on Thursday fixed November 30th as the last date to receive any claims related to the Heera Gold scam case.
The top court this order while hearing a plea filed by the investigating agency and the state of Telangana against Heera Gold Exim Pvt. Ltd. for allegedly defrauding its investors.
Heera Gold Exim Pvt Ltd allegedly collected investors' money on the promise to pay a 36% dividend return, however, the same was not paid and the investors' money was allegedly duped.
When the case was taken up on Thursday, ASG SV Raju told the court that insofar as the entertainment of claims is concerned there must be a deadline. In fact claims beyond the deadline earlier fixed have been received and processed, he further told the court.
Hearing this, a bench of Justices SK Kaul and AS Oka ordered thus,
"We must put a finality to the issue and thus fix 30th November 2022 as the last date for receiving any claims where after it will be presumed that the claims have been abandoned/ do not exist. Sufficient advertisement must be given for the said purpose."
In February this year, the Supreme Court had raised concern over the investors/ victims of the Heera Gold Scam sending WhatsApp messages to Judges, seeking redressal.
Justice SK Kaul had then said, "We appreciate their concern but that is not the method for seeking redressal. We, therefore, call upon them to desist from doing so."
On Thursday, the Supreme Court also noted that there was a large discrepancy between the amount assessed by the tax authorities as realizable from the sale of property, to pay off the investors, as compared to what petitioners had stated before it.
"While the properties are assessed at over 110 crores, Mr. Ranjit Kumar, learned senior counsel states that they have ready buyers which will fetch a price amount over Rs.800 crores. We, thus, permit the petitioners to file their offer in a sealed cover as logically the buyer(s) would not like disclosures of all details....", ordered the bench.
Accordingly, the matter has now been listed on 5th December 2022 for perusing the sealed cover offer from the buyers.
Further, over the issue of the non-availability of the FSL report, Court said that although the story is almost 4 years old still the report had not come as yet. In this regard, the bench ordered,
"SFIO to once again take up the issue of ensuring that finality is put to the issue of the FSL report as according to the petitioners some of the challenges expressed by the tax consultant also arise from the seizure of the computers and the same lying with the FSL lab."
Case Title: The State of Telangana Represented by Special Officer Vandhana & Ors. vs M/s Heera Gold Exim Pvt Ltd & Ors.
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