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TMI Blog2020 (7) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... 'BLE MR. JUSTICE YOGESH KHANNA Petitioners: Mr.Hariharan, Senior Advocate with Mr.Rohan Jaitley, Ms.Neeha Nagpal, Mr.Vishvendra Tomar, Advocates. Respondents: Mr.Ashish Khari, Advocate for Mridul Jain, SPP for CBI, Mr.Santosh Kumar Rout, Mr.Jitendra Mohapatra, Advocates, Mr.Ravinder Aggarwal, Advocate And Insp.Charandeep, BS FC /CBI, Delhi. ORDER 1. The hearing has been conducted through video conferencing. CRL.M.A.8678/2020 in W.P.(CRL) 1007/2020 CRL.M.A.8682/2020 in W.P.(CRL) 1008/2020 2. Exemption allowed, subject to the condition that petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court. 3. The application stands dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 before the NCLT. On 30.05.2017 the petition was admitted and Resolution Professional was appointed. The resolution professional on 08.10.2018 had filed affidavit before the NCLT stating inter alia there was no fraudulent transaction. Such affidavit was authorised by the consortium of Banks. 10. However on 27.03.2019 Yes Bank filed a complaint before the EoW against M/s.ESL cell alleging interalia fraudulent transactions. A detailed inquiry was conducted and no fraud was found. The complaint was thus closed. The SBI had also made a similar complaint and on 23.05.2019 the CBI found it was not a fit case for registration of FIR. 11. The CVC viz. respondent no.3 had also issued circulars wherein it has directed to all PSBs to refer their comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner that despite two closures, again on the same facts, the present FIR has been registered within a period of 4 days of the complaint dated 06.02.2020 without conducting any preliminary inquiry and without following the procedure established by law in regard to the alleged bank fraud cases and moreover, in the instant case, the petitioner had joined the company as a director on 13.11.2013 and all the loan facilities as per the FIR were prior to the petitioner joining the ESL as one of the Director and the only facility pursuant to his Directorship are under the CDR in which no fraud is alleged. Therefore, in these circumstances, the respondent (CBI) is directed to file a detailed reply/status report mentioning about the outcome of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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