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TMI Blog2022 (1) TMI 1279X X X X Extracts X X X X X X X X Extracts X X X X ..... a Sr. SPP with Mr. Jasneet Jolly Advocates for Respondent No.5 Mr. Mohit Mathur, Sr. Adv. along with Mr. Tushar Agarwal, Adv, Mr. Sumit Misra, Advocates for Intervenor Mr. Sudhir Gulati. Mr Prakarsh Airan, Advocate for Mr Anupam S. Sharma, SPP-CBI. ORDER The hearing has been conducted through video conferencing. CRL.M.A. 18744/2021 (exemption) CRL.M.A. 18745/2021 (exemption) CRL.M.A. 18748/2021 (exemption) 1. Allowed, subject to all just exceptions. 2. Applications are disposed of. W.P.(CRL) 1588/2021 & CRL.M.A. 13339/2021 (directions) 3. By this petition, the petitioner has sought various directions to the respondents including proper investigation under Section 5 read with Section 3 of the PMLA and Section 83 of the CGST Act by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arels Pvt. Ltd. and M/s JBN Apparels Pvt. Ltd. Digital evidences seized showed a draft agreement for an offshore company in the name of M/s Centurion International Limited registered in the Jebel Ali Free Zone, Dubai of which Vikas Chaudhary bought 10% share for Rs.1,65,00,000 AED or INR 30 crores as per the trust deed from one Amit Agarwal in the name of his daughter. Thus, huge income tax evasion was also found. 5. Further, investigation from the search and seizure of Sudhir Gulati revealed that he owns and operates a group of companies involved in the export of readymade garments. The search and seizure carried out on the business and residential premises of Sudhir Gulati, Avtar Singh Kochhar and others on 6th February, 2019, also revea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, investigations by the Income Tax Department, DDGI and DRI have been conducted, however, as regards SFIO there is no investigation carried out. As per the affidavit filed on behalf of the SFIO since under Sections 210, 212 and 213 of the Companies Act, the Central Government has to direct investigation into the affairs of the company and since no such direction has been received, the SFIO cannot investigate the affairs of the company. The Central Government, which has been impleaded as respondent no.1, Ministry of Corporate Affairs will treat the present petition as a representation and consider whether any direction is required to be issued to the SFIO for investigating the offences in terms of Sections 210 and 212 of the Companies Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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