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Bombay High Court

Sanjeev Mansotra vs Union Of India And Anr on 20 September, 2021

Author: Sandeep K. Shinde

Bench: Sandeep K. Shinde

                                                              10 to 19-APL-707-2021.odt
SHAMBHAVI
NILESH
SHIVGAN                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
SHAMBHAVI NILESH
                             CRIMINAL APPELLATE JURISDICTION
SHIVGAN
Date: 2021.09.21
10:57:18 +0530
                                CRIMINAL APPLICATION   NO.707 OF 2021
                                               WITH
                                CRIMINAL APPLICATION   NO.708 OF 2021
                                               WITH
                                CRIMINAL APPLICATION   NO.709 OF 2021
                                               WITH
                                CRIMINAL APPLICATION   NO.710 OF 2021
                                               WITH
                                CRIMINAL APPLICATION   NO.711 OF 2021
                                               WITH
                                CRIMINAL APPLICATION   NO.712 OF 2021
                                               WITH
                                CRIMINAL APPLICATION   NO.713 OF 2021
                                               WITH
                                CRIMINAL APPLICATION   NO.714 OF 2021
                                               WITH
                                CRIMINAL APPLICATION   NO.715 OF 2021
                                               WITH
                                CRIMINAL APPLICATION   NO.716 OF 2021

                      Sanjeev Mansotra                      ... Applicant
                           Vs
                      Union of India & Anr.                ... Respondents
                                                ...

Mr. Bhavesh Parmar with Mr. Rahul Gaikwad with Devmani Shukla with Mr. A. Vivekanand with Ms. Gauri Govilkar i/by Gravitas Legal for the Applicant.

Mr. Shriram Shirsat with Mr. Yadav with Mr. Amandeep Singh Sra with Mr. Aakash Pathare for respondent no.1.

10 to 19-APL-707-2021.odt CORAM : SANDEEP K. SHINDE J.

DATE : 20th SEPTEMBER, 2021.

P.C. :

At the outset, the learned counsel for the respondent no.1 seeks time for instructions. Time granted. 2 Heard learned counsel for the applicant. 3 A common question that arises in these applications is, "Whether the applicant being Additional Director of M/s. Soundcraft Industries Ltd. (Accused No.1) could be prosecuted for the violations of the provisions of the Companies Act, 1956 being "ofcer in default", in terms of Section 5 of the Companies Act, 1956, while, Mr. Rajkumar Basantani (Accused No.2), was a whole-time director of the company."

4 In view of these facts, prima-facie, a case is made out to issue notice to the respondents, returnable after Shivgan 2/3 10 to 19-APL-707-2021.odt three weeks. Mr. Shriram Shirsat, the learned counsel, waives notice for the respondent no.1. 5 Stand over to 22nd October, 2021.

6 In the meanwhile, there shall be ad-interim relief in terms of prayer clause (c) of the applications.

(SANDEEP K. SHINDE, J.) Shivgan 3/3