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2022 (8) TMI 505

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..... company petitions along with all the accompanying company application/interlocutory applications and other proceedings in its present stage be transferred before the Hon'ble Principal Bench at New Delhi and the same be decided jointly with CP No. 109/241-242/PB/2021 in the interest of justice:- (a) CP. No. 146/Chd/Hry/2018 pending before the Hon'ble NCLT bench at Chandigarh (b) CP. No. 09/JPR/2018 pending before the Hon'ble NCLT bench at Jaipur (c) CP. No. 83(AHM)/2018 pending before the Hon'ble NCLT bench at Ahmedabad (d) CP. No. 31/2018 pending before the Hon'ble NCLT bench at Chennai (e) CP. No. 88/KB/2021 pending before the Hon'ble NCLT bench at Kolkata (f) CP. No. 41/ALD/2021 pending before the Hon& .....

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..... arked as Annexure-2. 3. Pursuant to Annexure-2, Central Government Order, MCA moved National Company Law Tribunal at its various Benches in Chandigarh, Jaipur, Ahmedabad and Chennai and obtained interims orders for attachment of moveable and immoveable assets of the respondents, so that they can be prevented from parting with the assets to defeat the purpose of the proceedings pending the investigation. Several interims Orders have been passed by the NCLT Benches, one by Chandigarh Bench on 17.07.2021, Jaipur Bench on 03.08.2021, Ahmedabad Bench on 06.08.2021 and Chennai Bench on 08.08.2021. All of which have been enclosed as Annexure-3, collectively. It is to be noted that the interim Orders passed by NCLT were assailed before the Hon' .....

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..... ch may be in variance to one another and the respondents may unfairly use it to their benefit. The multiplicity of proceedings before various NCLT's will be a great disadvantage to the Union of India, through the investigating agencies and may distract their focus in bringing the culprits to face the legal proceedings. The applicant will also have to travel to different benches to hear different applications or petitions and that will cause great difficulty in focusing on the core issue namely the nature of transaction beginning with the Cooperative Society, getting funds from the public and distributing the same through various entities and individuals. The respondent's oral plea of prejudice does not merit consideration because if .....

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..... at the entire gamut of the investigation arises from the transaction of Adarsh Credit 85 Cooperative Society Limited (ACCSL) which allegedly took money from public and several key persons concerned with this society, allegedly siphoned off amounts to various individuals and group companies. Taking note of the above factors which has been stated by the applicant and keeping in mind the fraud alleged which is to the extent of Rs. 5003 Crores and the various proceedings pending before different NCLT Benches, the interim Orders those have been passed and the applications which have been filed and likely to be filed by the interveners, it will be appropriate in the interest of applicant/Union of India as well as the various respondents to have a .....

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