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TMI Blog2018 (2) TMI 1771X X X X Extracts X X X X X X X X Extracts X X X X ..... these individuals and Trusts thereof. If any further particulars come into existence, the Petitioner is directed to file additional affidavit supporting the case mentioned in this Company Petition. It goes without saying that the rigmarole of CPC not being applicable and this order being an aid to make investigation effective, though many of them against whom orders passed are not made as parties, this Bench has passed this order as an aid to investigation. The Petitioner has candidly said that if notice has been given to the parties prior to hearing then there is every possibility of consuming time for effecting service in view of the exigency involved in this case, the Petitioner in view of the public interest has sought for ex-parte orders, for this Bench having noticed that the Petitioner has established prima facie case for asking ex-parte orders, this Bench has passed this ex-parte order. This Bench, by invoking section 221 of the Companies Act, 2013 and section 43 of LLP Act, 2008, hereby injunct the Respondents and other companies, LLPs, Trusts and individuals mentioned above from removal, transfer or disposal of funds, assets and properties of the entities and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (g) That the Central Board of Direct Taxes (CBDT) and the Central Board of Excise and Customs (CBEC) may be directed to disclose information about all assets of the Respondents, in their knowledge or possession, for the purpose of attachment and restraint on alienation of such assets. (h) That the Reserve Bank of India (RBI) and the Indian Banks Association (IBA) be directed to facilitate disclosure of the details of bank accounts, lockers owned by the Respondents and attach the same on behalf of the Petitioner. (i) That the State Governments and Administrators of Union Territories be directed to identify and disclose all details of immoveable properties owned/held by the Respondents. (j) That the Petitioner be permitted to take possession, after due inventory, of all moveable and immoveable properties of the Respondents that have been attached as per the orders of this Hon'ble Tribunal, through Official Liquidators. (k) The Petitioner seeks the leave of the Hon'ble Tribunal to enlarge the scope of the reliefs sought and prayers made in this petition by filing any other documents or applications In view of the extraordinary nature of the circumstances perta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Petitioner, the Respondents herein committed fraud of ₹ 11,400 crores against PNB. 3. The Petitioner's case is that since the Respondents' companies and their directors having caused wrongful loss of rupees above ₹ 11,000 crores by fraudulent means, for there being FIRs against many of the Respondents detailing how fraud has been committed, at least to realize the monies to the extent possible, it is essential to obtain restraint orders against the assets lying with various companies, LLPs, Trusts and individuals, in the backdrop of the factual scenario, it has became imperative upon this Bench to pass restraint orders before going into the technicalities and the procedural aspects in respect to the Company Petition, because the facts of the matter is, fraud has been taken place, money of the bank has gone out. If this Bench remains waiting for details of each and every transaction, the liquid assets and other assets lying with these entities will be frittered away, once that happened, the whole exercise of passing orders will become redundant. 4. That the submissions in this Petition are based on the events surrounding certain First Information Report ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Companies, LLPs, Trusts, individuals and assets showing in the record of PNB, which are as follows: Nirav Modi Group (Firestar) Companies prima facie beneficiary of fraud; i) Nirav Modi Group/Associates/Subsidiaries/firms having exposure With PNB: ii) Nirav Modi Group /Associates/Subsidiaries/firms where suspected fraud has taken place: iii) Other Group/Associates/Subsidiaries/firms, where PNB has no exposure A. Companies/LLP in which Nirav Modi is Director B. Corporate guarantors in the M/s. Firestar International Ltd. and also enterprises owned or significantly influenced/controlled by key management personnel or their relative: Details of guarantors in the account Firestar Diamond International P. Ltd. (FDIPL) Name of Guarantor Relationship with borrower Nirav Modi Promotor Director Firestar International Ltd. Group Company Details of guarantors in the account Firestar Diamond FZE, Dubai: Name of Guarantor Relationship with borrower M/s Fire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, B. Immovable: (Mortgaged to the Consortium on pari-passu basis) Factory/Works address; Firestar Diamond International Private Limited 1. Surat: - Plot No. 18, 19, 20 67, SEZ, Sachin, Surat - 394221 2. Kurla - Unit No.23 24, Tower II, Wing B, Kohinoor City, Kirol Road, Off: LB5 Marg, Kuria West, Mumbai - 400070. 3. Mumbai Store : ITTS House, Saibaba Road, Kalaghoda, Fort, Mumbai - 400001. 4. Delhi Store : D-33, Varun Marg, Shiniwas Puri, Block D, Defence Colony, New Delhi, Delhi - 110024. 5. Andheri : Army Navy Press Bldg., Plot No.118, Road 18, MIDC, Andheri East, Mumbai 400093, India. 6. Unit No. 26, Ground Floor, Tower No. 2, Kohinoor City Mall, Kirol Road, Off: LBS Marg, Kurla West, Mumbai - 400070. Firestar International Limited 1. 518-522, 5th floor, Belgium Tower, Opp : Linear Bus Stand, Ring Road, Surat 395003, India 2. G-1-181, SEZ-II, Sitapura Indl. Area, Jaipur- 302022 3. 2nd Floor, Trade Point Building, Kamala Mills Compound, Lower Parel (West), Mumbai - 400013. 4. Army Navy Press Building, Plot No.118, Road No 18, MIDC, Andheri (East), Mumbai - 400093. 5. Plot No. 26, Road 13, Surat 5EZ Sachin, Sura ..... X X X X Extracts X X X X X X X X Extracts X X X X
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