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TMI Blog2021 (8) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... d in Criminal Appeal No. 447 of 2021 with a prayer to direct the Respondent to unconditionally remit/refund the amount of Rs. 32.50 lacs in to the CD's account within a period of 7 days. 3. Heard the submissions of both the sides. At this stage it is required to bring the relevant part of the Judgments of the Hon'ble Supreme Court, which is read as under: MA 1090/2021 [in Crl. Appeal No. 447/2021] "According to the petitioner, the directions issued in the judgment dated 22.4.2021 are not being complied with and the amount of Rs. 32.50 lakhs has not been made over. Considering the facts and circumstances on record in our view, it would be better if an application is preferred by the petitioner before the NCLT, Gauhati. We, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be taken as our pronouncement on the issues arising from the FIR including the petition pending under Section 482 of the Cr.P.C. ii. We also make it clear that the judgment will not stand in the way of the Respondent No. 1 pursuing its claim with regard to its entitlement to a sum of Rs. 32.50 lakhs and any other sum from the Corporate Debtor or any other person in the appropriate forum and in accordance with law. There will be no order as to costs". 4. During the proceedings, the learned Counsel for the Respondent has submitted that the Respondent Company is an MSME Unit and they want to comply with the order of the Hon'ble Supreme Court to refund the amount of Rs. 32.50 lakhs to the CD's account but it does not have money as be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rashekharpur, Branch Bhubeneswar is hereby directed to remit Rs. 32.50 lakhs to the CD's account immediately and thereafter the said account may be made free for the Respondent herein to operate the same. 7. Since the matter is to be listed before the Hon'ble Supreme Court on 20.08.2021, the Respondent is hereby directed to send the copy of this Order to the ICICI Bank for immediate compliance and the Respondent is also directed to file compliance report of remittance of Rs. 32.50 lakhs by an Affidavit on or before 17.09.2021. The Petitioner is also hereby directed not to utilise the amount of Rs. 32.50 lakhs till further instructions as the IAs filed earlier by the Respondent herein in this regard are being heard by this Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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