9911796707
TMI Blog2019 (1) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... (Exemption) Exemption granted subject to all just exceptions. The application is disposed of. W.P. (CRL) 3960/2018 & CRL.M.B. 50739/2018 1. By way of the instant petition, the petitioner seeks to challenge the power of respondent nos.2, 3 and 4 to carry out investigation in terms of Section 212(3) of Companies Act, after expiry of the time period as provided in Section 212(3) Companies Act, as also the alleged illegal arrest of petitioner on 10.12.2018 and all other proceedings emanating therefrom. 2. The brief and relevant facts necessary to adjudicate the present petition are that vide order dated 20.06.2018, respondent no. 1 ordered investigation into the affairs of Adarsh Group of Companies and LLPs by the Serious Fraud Investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government for extension of time to complete the investigation. After hearing arguments, the learned Sessions Judge granted further four days custody of the petitioner to the SFIO. 6. The above writ petition was listed before this Court on 21.12.2018 and this Court had granted time to the counsel for the respondents to produce the relevant original file for perusal of the Court and the matter was listed before Vacation Bench on 24.12.2018. On 24.12.2018, during the arguments it was noticed that the writ petition had not disclosed as to what had transpired before the learned Sessions Judge after the four days remand granted on 14.12.2018. This Court had, therefore, adjourned the matter to 26.12.2018 to enable the learned counsel to revert o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to the arrest order dated 10.12.2018 which arrest has been made at Delhi and to the investigation which is being carried out by the SFIO in Delhi. The learned senior counsel contended that the case of the petitioner is squarely covered by the judgment of a coordinate Bench of this Court dated 20.12.2018 in W.P.(Crl.) No. 3842/2018 titled Rahul Modi v. Union of India & Ors. and W.P.(Crl.) No. 3843/2018 titled Mukesh Modi v. Union of India & Ors, as the petitioner is identically placed. The learned senior counsel further argued that the issue of territorial jurisdiction of the Delhi High Court to deal with an habeas corpus petition with the remand orders passed by a court at Gurugram was also decided in the said judgment. 9. Per contra, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the number of cases assigned to SFIO are very large and the nature of investigation was such as it involved large number of group entities and their associates to be investigated; and in between there were a number of urgent cases in which orders were passed by the courts to carry-out investigation in a time bound manner. The learned Additional Solicitor General has also vehemently contended that the period prescribed under Section 212(3) of the Companies Act cannot be so sacrosanct that an investigation should be declared unlawful, particularly when it relates to a serious case of fraud and siphoning-off of large sums of money, as the present. Reading Section 212(3) of Companies Act, it was argued that the legislature has consciously used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and a petition of habeas corpus is even otherwise not maintainable as the arrest has been made under the provisions of the Companies Act, 2013 and cannot be termed as an illegal detention. 11. We have heard learned counsel for the parties and have gone through the judgments relied upon by both the sides. 12. Having gone through the judgment of the coordinate Bench relied upon by the petitioner, we are of the view that reliance by the petitioner on the said judgment may not be dispositive of the present case as there are certain issues which arise additionally in the present case, both factual and legal, which were not raised in that case and were accordingly not considered inter alia that the provisions of Sections 212(3) and 212(8) of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
