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Sl. No. 27
08.11.2013.
S.d. W.P. No. 16534 (W) of 2013

Tower Infotech Limited and another
-versus-
The Union of India & Ors.


Mr. Subir Sanyal
Mr. Sudip Kumar
for the petitioners.

Mr. L. K. Chatterjee
Mr. Raj Sekhar Basu
..for the respondents.

Mr. Hirak Mitra
Mr. P. K. Dutt
Mr. S. K. Dutt
Mr. Syantak Banerjee
..for the SEBI.




Reports have been filed by the Securities and Exchange
Board of India and by the chartered accountant appointed in the
matter. Notwithstanding the petitioners claim that all particulars
relating to the immovable properties of the petitioner company and
all details pertaining to the deposits obtained by the petitioner
company have been furnished, the reports indicate that neither the
properties nor the depositors or the quantum of deposit made can
be assessed from the papers submitted.

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The petitioners insist that they have properties of value in
excess of Rs.250 crore and the outstanding deposits are to the
extent of Rs.170 crore and if the properties are sold, all the
depositors may immediately be paid off.

The State should be represented when the matter appears
next on November 18, 2013. The petitioners should forward a copy
of this order to Ld Government Pleader.

There are several ordinary depositors of the petitioner
company who are present in court but are not represented. It may
be in the interest of the depositors that some of the depositors may
be permitted to look into the papers furnished by the petitioner
company to SEBI or to the Ministry of Corporate Affairs or to the
chartered accountant appointed by court to verify the same.
However, agents of the petitioner company or agents of the
depositors must be kept out of the process. It will be open to the
depositors directly to arrange for the depositors to be represented.
For the moment, Mr S. N. Mookherjee, senior advocate has been
requested to represent the depositors (and not their agents) when
the matter appears next. Mr Mookherjee may choose a junior for the
matter.

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The reports of SEBI and the chartered accountant filed in
court should be circulated to such of the parties who seek it. The
petitioners should take immediate steps to furnish all particulars in
support of the list of the depositors and the quantum of deposit
obtained by the company both to the chartered accountant and to
SEBI.

For the considerable effort put in by SEBI in the matter
already at the behest of court, the company should deposit a sum of
Rs.5 lakh with SEBI for its expenses in connection with the matter.
The chartered accountant be also paid a further remuneration of Rs.
1 lakh by the company before the matter appears next. The
petitioners should furnish all documents sought by SEBI and the
chartered accountant, particularly the documents sought by the
letter dated October 3, 2013 issued by the chartered accountant.
Copies of the reports made over by SEBI and the chartered
accountant in court today have been handed over to Mr.
Mookherjee.
Urgent certified website copies of this order, if applied for,
be made available to the parties, subject to compliance with all
requisite formalities.

(Sanjib Banerjee, J.)
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