9911796707
TMI Blog2023 (2) TMI 1142X X X X Extracts X X X X X X X X Extracts X X X X ..... els Limited ('LHL'), which is facing insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 has approached this Court by filing instant petition challenging the interim order dated 30.11.2022 passed by Delhi High Court in Criminal M.C. No. 6408 of 2022 extending the transit anticipatory bail granted to Respondent Nos. 3 to 5 herein, who are stated to be suspended directors of 'LHL'. Learned counsel for the petitioner contends that during the pendency of insolvency proceedings before the National Company Law Tribunal (for short 'the NCLT'), an order was passed directing the Resolution Professional not to proceed with the approval of the resolution plan, which subsequently came to be vacated. The petitioner preferred an appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2023 Petitioners are suspended directors of the corporate debtors of M/s. Leading Hotels Limited ('LHL'). A First Information Report bearing case no. 257 of 2021 dated 23.09.2021 under Sections 406,420,465,467, 468,471 read with Section 120-B of Indian Penal Code (for short 'IPC') was registered against them at Police Station Bowbazar, Kolkata. Petitioners herein sought quashing of the aforesaid First Information Report by invoking Section 482 of Criminal Procedure Code (for short 'Cr.PC') before the Delhi High Court which was registered as Criminal M.C. No. 6408 of 2022. Learned counsel for the petitioners contends that though transit bail was granted which has been extended from time to time and the question of jurisdiction is und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the proceedings are pending before the High Court of Delhi awaiting an adjudication, there is no reason or occasion for us to interfere with the same at this stage. We have no reason to believe that the legal position, as learned counsel for the petitioners has tried to canvass before us by relying upon the aforesaid judgments of this Court, will not be taken into consideration by the High Court, as and when the same is brought to its notice. In the background of above facts, no useful purpose would be served by keeping this petition pending before this Court and interest of justice would stand served by requesting the High Court to consider and decide, Criminal M.C. No. 6408 of 2022, Shiv Kumar & Ors. Vs. State of West Bengal & Anr. pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by means of an appropriate proceedings, seeking appropriate reliefs. In case, the petitioners choose to avail the liberty granted by us herein above, they may do so within two weeks from today. Since, the earlier quashing petition being Criminal M.C. No.6408/2022 is already pending before the High Court of Delhi and both the First Information Reports relate to the same facts and transactions, in order to avoid any diverse opinion, it would be expedient that the subsequent petition to be filed by the petitioners be tagged along with the already pending petition and be heard and disposed of by the same Bench. We further provide that in case the petitioners file the quashing proceeding, within the time allowed, no coercive action of any kin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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