Delhi High Court - Orders
Pranav V Parikh vs Union Of India & Anr on 28 October, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~86
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11093/2021 & CM APPL. 34174/2021 (Suspension of LOC)
PRANAV V PARIKH
..... Petitioner
Through Mr. Dayan Krishnan, Sr. Adv. with
Mr. Ankur Kashyap, and Mr. Abhay
Singh, Advs.
Versus
UNION OF INDIA & ANR.
..... Respondents
Through Mr. Anupam S. Sharma, SPP, Mr.
Prakarsh Airan and Mr. Harpreet
Kalsi, Advs.
Mr. Ripudman Bhardwaj, SPP .
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 28.10.2021 CM APPL. 34174/2021 (Suspension of LOC)
1. The present petition has been preferred by a Citizen of USA assailing the Look Out Circular (LOC) issued against him in pursuance of FIR No. RC0742020E0014.
2. On the last date, while issuing notice, this Court had recorded the submission of learned senior counsel for the petitioner that the FIR, based on which the impugned LOC had been issued, was registered only against M/s Shakti Bhog Foods Limited and its promoter/ Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:29.10.2021 19:56:48 Director. The petitioner was only a nominee Non-Executive Director in the said company and had already resigned prior to the commencement of the investigation. Moreover, the petitioner had not even once been summoned by the respondent till date for investigation.
3. Though a counter affidavit has been filed opposing the petition, learned counsel for the respondent no.2 is not in a position to dispute that till date, the petitioner has not been summoned for investigation. He also does not dispute that petitioner was not a director at the relevant time, but submits that LOC has been issued as without the issuance of a LOC it may be difficult to ensure the petitioner's presence in case he is required for investigation at a later stage.
4. Having considered the submission of the parties, I am unable to appreciate this stand of the respondent no.2. When the admitted position is that the petitioner has not been summoned for investigation even once ever since the registration of the FIR on 31.12.2020, the LOC could not be issued in such a cavalier manner. The investigation has been going on for almost the last ten months and there is no allegation of the petitioner not cooperating with the investigation. The application for suspension of the impugned LOC is therefore, allowed by suspending the impugned LOC during the pendency of the petition. The suspension, however, would be subject to the following conditions:-
(i) The petitioner will furnish a security in the sum of Rs.50 lacs by way of a Fixed Deposit or a Bank Guarantee for the said amount Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:29.10.2021 19:56:48 of Rs.50 lacs to the satisfaction of the learned Registrar General of this Court.
(ii) The petitioner will keep the concerned authority/respondent informed about his travel plans whenever he leaves from or arrives in the country and will also furnish his address in India and abroad to the respondent.
(iii) The petitioner will join the investigation, as and when directed, and will immediately furnish his mobile number, e-mail address and US address to the respondent. However, keeping in view the present circumstances, when the entire world is reeling under the effect of COVID-19, the petitioner is, for the present, permitted to join investigation through video conferencing. It is, however, made clear that in case, the respondents deem it necessary, at any stage, to have the physical presence of the petitioner, an appropriate application will be made before this Court.
5. The respondents and all other concerned authorities shall act in compliance with the digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, which shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
W.P.(C) 11093/2021
6. List on 3.02.2022 along with W.P. (C) 8617/2021.
REKHA PALLI, J OCTOBER 28, 2021/ms Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:29.10.2021 19:56:48