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2022 (12) TMI 1466

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..... Act, 1961 [in short, "the Act"] was discrepant. 1.1 The discrepancy in the aforementioned order concerns the bank account number of one Mr Ramesh Kumar Bagri maintained with IDBI Bank. 2. Mr C.S. Aggarwal, learned senior counsel, who appears on behalf of the petitioner, says that he has got yet another certificate titled "To Whom It May Concern" dated 15.12.2022 with respect to the other account number i.e., 264102000006354 indicated in the aforementioned order. 2.1 A copy of this communication has been handed over to Mr Abhishek Maratha. 2.2 The Registry will scan and upload the same so that it remains part of the case file. 3. In any event, for the moment, we are not taking into account this document till it is verified by the respo .....

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..... Amount Credit Amount Balance Account details 27.08.2014 2014-15 M106423 167129 TIRUPATI TRADING CORPORATION 100000   43,703.20CR IDBI BANK -264102000006354 18.10.2014 2014-15 M38406   TIRUPATI TRADING CORPORATION   35084 28,70,921.80CR IDBI BANK -264102000006354 04.11.2014 2014-15 M3818   TIRUPATI TRADING CORPORATION   1539000 24,95,29 7.00CR IDBI BANK -264102000006354 08.11.2014 2014-15 M35940   TIRUPATI TRADING CORPORATION   1021000 35,16, 297.00CR IDBI BANK -264102000006 354 13.11.2014 2014-15 M176683   TIRUPATI TRADING CORPORATION   11568000 1,20,84,2 97.00CR IDBI BANK -264102000006354 12.08.2015 2015- 16 M89317   TIRUPATI TRADING CORP .....

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..... d that M/s Tirupati Trading Corporation has not made any payment into IDBI bank account no. 264102000006454 of Shri Ramesh Bagri of Rs. 17600000/- (Rs. One Crore Seventy Six Lakh Only) on 12.08.2015. In fact, it has not made any payment or received any sum IDBI bank account no. 264102000006454 of Shri Ramesh Bagri in its aforesaid three bank accounts in FY 2015-16. This certificate has been issued as per the request of customer without any risk and responsibility of bank officials. Astt. Manager B/o Ghaziabad" xxx xxx xxx "GHAZIA/OPER/2021-22               01/08/2022 TO WHOM IT MAY CONCERN This is to certify that M/s Tirupati Trading Corporation was main .....

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..... ile paragraph 1 sets out the account number as "2641020000006354", paragraph 7.1. of the same order sets out the account number as "2641020000006454". 12.1. While this discrepancy could have been on account of a typographical error, at the moment, we have before us, in the very least, the certificate dated 01.08.2022, which indicates that the petitioner had not remitted Rs.1,76,00,000/- on 12.08.2015 from its bank accounts maintained with CBI.   13. Given this position, it appears that, at least at this juncture, there was no information or material available with the concerned authority to trigger proceedings under Section 148/148A(d) of the Act. 14. Accordingly, issue notice 14.1 Mr Maratha accepts notice on behalf of the respond .....

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