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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 ..... Station, Economic Offences Wing, Mandir Marg, New Delhi under Sections 406, 420 & 120-B of IPC. 4. The brief facts leading to filing of the said petition are that Prabhu Shanti Real Estate Pvt. Ltd. (hereinafter referred to as "Company"), a private limited company incorporated under the Companies Act, 1956 in the year 2014, acted as a guarantor to a loan facility obtained by one of the sister concern Society of the Company i.e. Prabhu Dayal Memorial Religious Educational Association. The said Society defaulted in repayment of the loan to the lending Bank in pursuance to which the lending bank filed an application under section 7 of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal. The said Tribunal vide or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ank as part of the settlement amount. The said settlement agreement executed between the Petitioner and the lending bank was relied by the Petitioner before the NCLAT. However, the said tribunal refused to withdraw the Insolvency Proceedings against the Company, as there were other financial creditors and a Committee of Creditors had also been constituted by the Interim Resolution Professional. However, several homebuyers including the Complainant filed a Writ Petition before the Hon'ble Supreme Court of India bearing number W.P.(C) 914/2018 and vide its order dated 03.12.2018, disposed of the said Writ Petition in view of an out of Court Settlement being entered into between the petitioners therein and the Company. On 08.02.2019, the h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19, 05.10.2019, 12.10.2019 and has cooperated with the authorities at every stage including providing all documentations as and when asked for by the authorities, to ensure a fair and just investigation of the case. 6. He further submits that on 01.08.2019, the petitioner proposed the settlement in terms of the proposal and the representative of the home buyer in principle agreed to the same. The said Writ Petition was disposed of by this Court vide Order dated 07.11.2019, thereby allowing the investigation to take its own course. The Company through the Petitioner, submitted a proposal for settlement and resolution before the fifth meeting of Committee of Creditors of the Company held on 21.09.2019 constituted by the Resolution Profession ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17 and further years. * Bogus and dubious cash payments of Rs. 169.16 Lacs during June 2016 to June 2018 as Labour Charges and Rs. 234 Lacs against purchase of Rodi during June 2016 to June 2018. * Accused company has defaulted to pay off government duty and taxes amounting to Rs. 73.90 Lacs, which are as follows: * PF of Rs. 4,80,662/- has not been paid since Oct 2016. * ESIC of Rs. 1,01,729/- has not been paid since Oct 2016. * Balance TDS of Rs. 68,08,034/- has not been paid since April 2017-18. * Accused company does not maintain Stock register, resultantly the actual position of stock and raw material regarding inward and outward stock cannot be ascertained. 9. The petitioner/accused Bijender Singh is one of the key manage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oon on 25.06.2014, who paid advance of Rs. 2,00,000/- through Canara Bank cheque No. 632184. It shows that accused company, M/s Prabhu Shanti Real Estate Pvt. Ltd. sold Flat No. T-7/A-9 in Tower-7 at 9th floor before approval granted by DTCP. 10. Learned APP further submits that during the course of investigation, some of the victims have been examined and their statement have been recorded and notices under section 41A Cr.P.C. were issued to alleged person namely Bijender Singh Lather, petitioner herein, including Joginder Singh Lather, Ram Niwas, Sajjan Singh Beniwal and Bhawana Lather, to which the petitioner joined the investigation but he has not provided any specific information which may help the investigation to get the trail of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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