Bombay High Court
Embassy Enery Private Limited And Ors vs State Of Maharashtra And Anr on 19 July, 2023
Author: R.N.Laddha
Bench: Nitin W. Sambre, R.N.Laddha
Chitra Sonawane 27-WP-1398-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1398 OF 2023
Embassy Energy Private Limited & Ors. ... Petitioners.
Vs.
The State of Maharashtra & Anr. ... Respondents.
.......
Mr Satish Maneshinde, Advocate a/w Namita Maneshinde for
the petitioners.
Mr JP Yagnik, APP for State.
Mr Amit Desai, Sr.Advocate, Adv. Pranav Badheka, Adv.
Henna D., Adv. Dhruv Dandekar i/b Desai & Diwanji for
respondent no.2.
.......
CORAM : Nitin W. Sambre
& R.N.Laddha, JJ.
DATE : 19 July, 2023.
....
P.C.:
Heard.
2. The prayer is for quashing of FIR No.348 of 2023, registered by Deonar Police station, on 23.03.2023 for the offence punishable u/s 120-B, 406, 409 and 420 of IPC. Page No. 1 of 3
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3. The genesis of the offence is based on execution of solar project for village Ittigi, Mooregeri and Nellukudure, and Huvin Hadagali Taluka and Nellukudure in Hagri Bommanhalli, District-Bellari, Karnataka, on behalf of the petitioners. It is the case of the respondent/complainant that the project was to be executed by IL & FS, who sub- contracted the same to it and after IL & FS suffered financially, the execution was taken over by the complainant and was taken to its logical end as requested by the petitioners. According to the complainant on the date of completion of the project principal amount due was Rs.92.45 Crores and the interest was Rs.39.12 Crores. As such, on the date of filing of the complaint, amount due was Rs.131.57 Crores.
4. The contention of the learned Counsel for the petitioners is there was no privity of Contract between the petitioner and the respondent. In view of above he would Page No. 2 of 3 ____________________________________________ 19 July 2023.
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5. In view of above, issue notice to respondents, returnable on 11th September, 2023.
6. Learned APP waives notice on behalf of the respondent no.1.
7. Mr.Desai waives notice on behalf of respondent no.2. [ R.N.Laddha, J. ] [ Nitin W. Sambre, J. ] Page No. 3 of 3 ____________________________________________ 19 July 2023.
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