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TMI Blog2018 (3) TMI 1067X X X X Extracts X X X X X X X X Extracts X X X X ..... SIT') constituted vide orders dated 16.09.2015 (Annexure P1) of this Court passed in CRM-M No.1526 of 2015 seeking relief that the SIT especially the Directorate of Enforcement (for short, 'ED') is acting in contravention and beyond the orders of this Court which was supposed to investigate the dispute of M/s International Customer Related Management Services Pvt. Ltd. (for short, 'ICRMS') and rather it has plunged into third party disputes by virtue of which the SIT is interfering into the dispute of M/s Rosalind Builders and Constructions Pvt. Ltd. with one Jatinder Singh Dua, to which the petitioner has no role and that the petitioner is being harassed and repeatedly called by the ED which is trying to play its own trumpet and the allega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sought dismissal of the petition. Similarly respondent No.2 - Central Bureau of Investigation (CBI), in its reply besides taking usual objections has denied each and every allegation raised by the petitioner claiming that after investigations were handed over to the SIT, earlier FIRs have been re-registered and has detailed their numbers and the offences and it is further claimed by this respondent that investigation has already been conducted in few matters while in remaining they are nearing completion and has sought to alienate itself from the working of respondent No.1 - ED and has disassociated itself from the acts being resorted to by respondent No.1 and has sought dismissal of the petition. Respondent No.4 - Serious Fraud Investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Ministry of Corporate affairs, Government of India, Enforcement Directorate to look into the money laundering angle, Income Tax Department to ensure that there has been no escape from legitimate taxation as well as by the Central Bureau of Investigations which could ensure due exercise of powers in collecting such evidence as is necessary and which is essential integral part of investigations. The entire records shall be handed over to them and with directions to the Authorities concerned to fully cooperate with the SIT so formed." Subsequently, another application in the same very petition by way of CRM No.37905 of 2015 was disposed off by this Court vide orders dated 27.11.2015 wherein the following observations were delivered by thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment of SFIO would look into the violations and would have supremacy over the investigations under the Companies Act. Since the other constituents of the SIT are the officers from Income Tax Directorate and under the new rules, Directorate of Income Tax (Intelligence and Criminal Investigation) has been set up under Director General of Income Tax and thus, the field formation of this organization responsible for holding such investigations at Chandigarh will look into the violations into the income tax laws and the senior most person appointed by Central Board of Direct Taxes (CBDT) or appropriate authority as per their organizational structure shall be responsible for conducting investigations under the Income Tax Act. The other arm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government." From this, it is abundantly clear in the light of unison shown by the learned counsel representing various parties that the officer from CBI would be heading the SIT to look into the investigations, facilitate collecting of evidence, recording of the statements and similar functions to enable the SIT to collect and compile the evidence, and subsequently this Court vide orders dated 31.05.2017 had disposed off another petition bearing CRM-M No.18479 of 2017 wherein following directions were issued: "(I) The SIT would not act beyond what has been assigned to it by virtue of orders dated 16.09.2015 and 27.11.2015 of this Court and would thereby concentrate and investigate the dispute of ICRMS inter-se between its Directors and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness interests are being frittered away and thus, further undermining the running of the Company and that policy of pick-andchoose is being adopted during the matter of investigation by the SIT. Though the same is sought to be thwarted by learned counsel for the respondents, however, it is well evident to the Court during the course of proceedings that the various constituents of the SIT, somehow or the other, are not working in unison and in tandem with each other and are trying to carry on individually which is quite contrary to and in violation of the directions of this Court contained in order (Annexure P1) dated 16.09.2015 thus, necessitates issuance of directions to the constituents of the SIT to follow investigations and carry on th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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