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2020 (3) TMI 1441

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..... P.(CRL) 679/2020 & CRL.M.A. 5223/2020 & CRL.M.A. 5224/2020 2. The petitioners have filed the present petition, inter alia, praying that directions be issued to respondent no.13 (Serious Fraud Investigation Office - SFIO) to attach the assets of the group companies and personal properties of respondent nos.1 to 10, till the investigation is completed by respondent nos.13 to 17 (police and income tax authorities) in terms of the directions issued by the Supreme Court in W.P.(Crl.) 142/2018 captioned 'Ramesh Sanka v. Union of India & Ors.'. 3. The petitioners claim to be persons who have invested in a project known as 'Ireo Fiveriver', which was being developed at Sector nos.3, 4 & 4A, Pinjore, Kalka Urban Complex, District Panchkula, Haryan .....

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..... authorities. 7. The learned counsel appearing for the petitioners state that over a year has since elapsed, but the inquiries have not been completed as yet and in the meanwhile, the promoters and directors of the Ireo Group of Companies are managing the affairs of the company to make preferential payments and avoid the processes of law. She submits that in the aforesaid context, it is imperative that urgent orders be passed for attaching the properties of the promoters and directors of the Ireo Group of Companies and the investigation by SFIO be completed in a time bound manner. 8. The petitioners further pray that SFIO be directed to conduct a forensic audit of respondent nos.11 and 12 (Ireo Fiveriver Pvt. Ltd. and its parent company - .....

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..... tion and in respective IA 22. This order, therefore, will not influence any authority or the Court or ongoing inquiry or proceedings while dealing with any issue. The same has to be dealt with uninfluenced by this order." 10. It is apparent from the above that the Supreme Court had not expressed any opinion as to the allegations made against the respondents but had noticed that several agencies were inquiring into the affairs of the said company. In the aforesaid background, the Supreme Court had directed that the respective agencies, (arrayed as respondent nos. 7 to 11 before the Supreme Court) would conduct their enquiries and depending on the outcome of the said enquires, would take appropriate action in accordance with law. 11. Mr A .....

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..... from the country and avoid legal process is concerned, SFIO is directed to examine the said apprehension and if necessary, take steps to protect the interest of all those concerned, in accordance with law. 15. In so far as the petitioner's prayer that the properties of the Ireo Group of Companies be attached is concerned, this Court does not consider it apposite to pass any such orders for two reasons. First, the petitioner is unable to point out the legal framework within which such orders are required to be passed. And, second, that a Coordinate Bench of this Court has passed an interim order in W.P. (C) 10337/2018, restraining certain companies from creating interests in any third parties or parting with possession of their immovable pr .....

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