On 4th of November 2024, in a miscellaneous application Nowhera Shaik filed for the Supreme Court of India pertaining to a previous case which was di
On 4th of November 2024, in a miscellaneous application Nowhera Shaik filed for the Supreme Court of India pertaining to a previous case which was disposed of in October 2024. During the hearing done by justices J.B. Pardiwala and Manoj Misra with the petitioner Nowhera Shaik having leading counsel Mr. Kapil Sibal and other counsel for the Enforcement Directorate (ED) and interveners.
Background of the Case
It concerns Nowhera Shaik, a Businesswoman and a petitioner in a case that was dismissed by the High Court although she has sent in a miscellaneous application. It is hoped that the application will help to elucidate and suggest actions regarding her properties. Nowhera Shaik through her senior counsel Mr. Kapil Sibal has listed three appreciable properties before the hon’ble court and has indicated that they are part of her legal pleading. Hyderabad and the vicinity regions contain her valuable assets which are also market and realisable ones.
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Objections to the Application’s Validity
Most important issues discussed in this hearing included the miscellaneous application filed by Shaik. Learned senior counsel for intervening parties, Mr. Dushyant Dave, pointed out a preliminary objection deliberating that the application was virtually a review petition, which technically is not allowable because the issues were already resolved. A review petition is an application that is filed to reopen or alter a shut case, and as customary, it is not supposed to be effected unless certain conditions are fulfilled. Still, the court agreed to process the application as a new proposition was presented before Shaik.
Real Estates Provided in the Proposal
Shaik’s proposal detailed three properties, each of significant market value:
- Naina Towers in Banjara Hills, Hyderabad: This property is estimated to be more than 90 crores belonging to Shaik, and she only possesses the sale deed. The court would like to establish if there are no litigations or liens against the property in question.
- Heera Foodex Property in Ranga Reddy District: A property in Gandipet, Telangana, identified Truth this company has a fair market value of more than rupees one hundred and twenty crores. Shaik again has the original sale deed and hence the court has to establish that there are no encumbrances or legal incidents affecting this asset.
- Heera Retail (Hyd) Pvt. Ltd. in Tolichowki, Hyderabad: This open land having more than 750 crore value has approximately 33,060 square yards area. Like the others, Nowhera Shaik has asserted individual ownership; however, the court wants proof that it is unencumbered.
These properties are relevant to Shaik’s proposal because the envisioned assets an individual is legally required to hold must be duly verified to be unencumbered.
Detailed Court’s Inquiry towards the property status
The court had expressed the need to ascertain the status of ownership from each property. Essentially, Justice Pardiwala questioned the parties on whether all the three properties are indeed free from encumbrances, including outstanding dues or any legal restrictions relating to the properties. However, while responding, Mr. Sibal confidently stated that the properties were free from encumbrances but sought a brief time extension to be assured by Nowhera Shaik.
To move forward with clarity, the court asked Mr. Venkatesh, the counsel for the Enforcement Directorate (ED), to present in detail about the nature and character of the ownership of each property and whether to whom it is encumbered. The court has granted him a timeline till the next time the matter will be called for further hearing on 11th November 2024 to prepare a report.
Extension for Shaik’s Surrender exclaimed
In a related order, the court also agreed to the one week extension of time to surrender by Shaik. Earlier, Nowhera Shaik was supposed to make a surrender by 4 Nov 2008 but the court has extended the time till 12 Nov 2024 allowing for the necessary confirmations and filing of affidavits.
Orders for Affidavits with Reports
Further the court directed Nowhera Shaik to file an affidavit as to the present status of the burden on each of the properties. This affidavit should particularly be clear if she has a legal ownership of the property without anyone else laying any claims to it. Also, the court required the State of Telangana to launch investigations on the possession and other encumbrances relating to these properties to verify the facts stated in this petition.
The affidavits and reports submitted by the Enforcement Directorate(ED) and the State of Telangana would clear the haze in relation to property ownership of the subject property.
Conclusion
From this Supreme Court hearing it can be appreciated that there is a need to confirm the status of high value properties that form part of the legal process and most especially within the context of proposed settlement. The court has intervened and has required investigation and affidavits from many parties to relieve Nowhera Shaik’s property of any encumbrances. Most of these steps are imperative to uphold the tenets of the law and much more so in lost and found situations involving large sums of money. The next hearing shall be on 11th November 2024, at which the court will have the opportunity to consider the verification reports, and further directions may be given then.
COMMENTS