Delhi High Court - Orders
Anant Raj Kanoria vs Union Of India & Ors on 31 May, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3313/2023
ANANT RAJ KANORIA ..... Petitioner
Through: Dr. Abhishek Manu Singhvi, Sr.
Advocate with Mr. Abhimanyu
Bhandari, Mr. Mudit Jain, Mr. Arav
Pandit, Mr. Amit Bhandari,
Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Ajay Digpaul, CGSC with Mr.
Kamal Digpaul and Ms. Ishita Pathak,
Advocates for UoI.
Mr. Ravi Prakash, CGSC with Mr.
Ali Khan, Advocate for ED.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 31.05.2024 CM APPL. 33188/2024
1. This application has been filed by Respondent No.3 seeking exemption from filing notarised counter affidavit.
2. It is stated in the application that the Applicant could not reach Delhi on time due to a severe storm which has affected various parts of West Bengal.
3. A physical copy of the affidavit has been handed-over in Court. This Court has perused the affidavit.
4. The application is allowed.
W.P.(C) 3313/2023 Page 1 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 00:00:24 CM APPL. 29408/2024
5. This application has been filed by the Petitioner seeking permission to travel to Boston & New York, USA from 07.06.2024 to 06.08.2024 for the purpose of his medical treatment.
6. This Court vide Order dated 04.09.2023 had granted permission to the Petitioner to travel to the USA from 03.09.2023 to 18.09.2023 for his medical treatment.
7. Material on record reveals that two companies, namely, SREI Infrastructure Finance Ltd. ("SIFL") and SREI Equipment Finance Limited, ("SEFL") which are non-banking finance companies registered in Kolkata and are engaged in the business of financing of Infrastructure and Equipments. Material on record reveals that an FIR bearing No. 220 of 2021 was registered against members of Kanoria Family, who were running the aforesaid two companies, under section 420, 467, 468, 471, 474, 476, 323, 504, 506, 511 and 120B of Indian Penal Code, 1860 at Kotwali Jaunpur, U.P. It is stated that one Sh. Hari Prasad Kanoria and his sons, namely, Sh. Hemant Kanoria, Sh. Sujit Kanoria and Sh. Sunil Kanoria are the promoters and directors of the Kanoria Group. The Petitioner herein is the son of Sh. Sunil Kanoria. It is stated that the Petitioner was one of the beneficiaries of the Kanoria Foundation which is the promoting entity of SIFL and SEFL through another company called Adisri Commercial Private Limited which holds over 60 percent shares in SIFL, whereas the SEFL is a wholly owned subsidiary of SIFL.
8. Material on record further reveals that the aforesaid two companies i.e., SIFL and the SEFL defaulted on the repayment of dues to their creditors and, thereafter, insolvency proceedings have been initiated against SIFL and W.P.(C) 3313/2023 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 00:00:24 SEFL, and the total claim comes out to be over Rs.32,000 crores and more than Rs.10,000 crores have been reported as Fraudulent Transactions.
9. Learned CGSC for the Union of India vehemently opposes the present application. He states that the treatment for which the Petitioner is going to the USA is easily available in the country. He states that the Petitioner has got assets across the world and if he is permitted to go abroad he will tamper with proceeds of crime. It is further stated that the Petitioner's wife is in USA and there is a possibility that the Petitioner might not return to the country.
10. Material on record indicates that the Petitioner has not been named in the FIR or in ECIR nor has any complaint is registered against him. It is stated that closure Report has been filed in the FIR. In view of the fact that this Court on earlier occasion has granted permission to the Petitioner to travel abroad and in view of the fact that closure report has been filed in the FIR, this Court is inclined to permit the Petitioner to go to Boston & New York, USA from 07.06.2024 to 06.08.2024 on the following conditions:
a) The Petitioner shall furnish a security of Rs.10 crores, including his unencumbered investment of Rs.7,50,00,000/- in Bonds, and an FDR of the rest amount of Rs.2,50,00,000/- to the satisfaction of the Registrar General of this Court.
b) The Petitioner shall deposit the Passport of his father with the Registrar of this Court and the Passport shall be released only after the Petitioner returns to the country.
c) The petitioner shall also provide a phone number which would be used by him during his stay abroad, the number will be kept operational at all times.W.P.(C) 3313/2023 Page 3 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 00:00:24
d) The Petitioner shall not travel to any other country other than USA.
e) The Petitioner is directed not to visit any other city other than Boston & New York during the time he is in the USA.
f) The Petitioner shall give his complete itinerary indicating the places where he will stay in Boston & New York, USA to the Registrar General of this Court.
g) The Petitioner shall return to India on or before 06.08.2024 and shall report to the Registrar General within 24 hours of his return to India.
11. List on 04.06.2024 before the Registrar.
12. The application is disposed of.
W.P.(C) 3313/2023 & CM APPL. 12854/2023
13. List on 29.08.2024.
SUBRAMONIUM PRASAD, J MAY 31, 2024 Rahul W.P.(C) 3313/2023 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 00:00:24