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TMI Blog2019 (12) TMI 479X X X X Extracts X X X X X X X X Extracts X X X X ..... rogation is required, therefore, I am not inclined to grant anticipatory bail to the petitioner. Petition dismissed. - BAIL APPLN. 3023/2019 - - - Dated:- 6-12-2019 - MR. SURESH KUMAR KAIT J. Petitioner Through: Mr. Siddhartha Luthra, Sr. Adv. with Mr. Jasbir Malik, Mr. Shantanu Sharma Mr. Neeraj Khapra, Advs. Respondent Through: Mr. Hirein Sharma, APP for State. SI Kamal Kohli PS EOW. JUDGMENT (ORAL) Crl. M.A. 42063/2019 1. Allowed, subject to all just exceptions. 2. Application is disposed of. Bail Appln.3023/2019 Crl.M.A. 42062/2019 3. Vide the present petition, the petitioner seeks direction thereby to grant anticipatory bail to the Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Company was willing to settle the matter with the Lending Bank. But the Complainant, Smt.Suman Solanki filed the Complaint against the Company after passing of the order dated 13.06.2018 by the NCLT, i.e. when the Petitioner or any other Director of the Company was not in control of the management of the company. However, Petitioner though being a minority shareholder, took all necessary and active steps to regain control of the company in order to complete the construction of the real estate project and to deliver possession to the Complainant. In an endeavour to regain control of the Company, the Petitioner in his personal capacity, settled with the Lender Bank namely AU Small Finance Pvt. Ltd. vide settlement agreement dated 24.07. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the pendency of investigation, the Complainant also filed a Writ Petition before this court bearing W.P(Crl.) No. 349 of 2019, by suppressing and concealing several relevant and material facts. The Complainant had not made the Petitioner a party to the said Writ Petition and the Petitioner did not get an opportunity to address this Court with correct and true facts. When Petitioner got aware of the fact that a Writ Petition has been filed by the complainant against the Company and the Petitioner, the petitioner filed an impleadment application in the said Writ Petition and the same was allowed vide order dated 12.04.2019. Since the registration of FIR, the Petitioner appeared before the investigation authorities i.e. Economic Offenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... event the escape of the accused Directors, necessary measures have been taken against all five Directors of the accused company. During investigation, Sh. Abhishek Anand, IRP appointed by NCLT Court, has joined the investigation and provided the Forensic Audit Report of the project in question wherein the following observations were found:- Advance of ₹ 393 Lacs is outstanding from Bhagwati Tiles against a total purchase of ₹ 259.92 Lacs during June 2016 to June 2018. Bogus invoices raised on the same date amounting to ₹ 125.24 Lacs during June 2016 to June 2018 from HRKH Builders Pvt. Ltd. Accused company used to pay Monthly Director remuneration to the tune of ₹ 13.90 Lacs per m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thout any legal agreement for services rendered by them. However, no legal agreement was found executed between accused company and other parties for short term loans and advances of ₹ 11,71,96,308/- in FY 2015-16. As per reply from DTPC, Chandigarh, the alleged company granted licence No. 179 of 2007 on 25.04.2007 for 8.97 Acres of land at Bahadurgarh, Haryana for total of 402 flats. The alleged company further applied for revised building plans on 16.12.2015 for total of 430 flats, which was approved by DTCP on 19.01.2016. Major changes in Tower-6 and Tower-7, where 28 flats were added and in Tower-7, 9th and 10th floors consist of 8 flats which do not exist in previous plan approved by DTCP on 25.04.2007 amended on 16.12.2015. Flat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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