Delhi High Court - Orders
Anil Kumar Gaur vs Reserve Bank Of India And Ors on 8 July, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~12 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7921/2016
ANIL KUMAR GAUR ..... Petitioner
Through: Mr. Rajesh Srivastava, Advocate.
versus
RESERVE BANK OF INDIA AND ORS ..... Respondents
Through: Mr. Kuldeep Singh Parihar,
Ms.Ikshita Parihar & Mr. H.S.
Parihar, Advocates for RBI.
Mr. Jamal Akhtar, Panel Counsel
for GNCTD/applicant EOW in CM
no. 19678 with SI Chetan Mandia.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 08.07.2021 The proceedings in the matter have been conducted through video conferencing.
CM APPL. 19678/2021(Application on behalf of the application -Chetan Mandia, Sub-Inspector seeking release the original of the loan documents alongwith ITR/Salary Slip/Property documents kept with the Delhi Nagrik Sehkari Bank Ltd., Lajpat Nagar Branch)
1. This application has been filed by the Economic Offences Wing ["EOW"], New Delhi which is in seisin of the investigation in FIR No. 35/2018 dated 19.01.2018 registered at Police Station Amar Colony, South-West District, New Delhi. The investigation relates to a loan extended by the respondent no. 3 - Delhi Nagrik Sehkari Bank Ltd.
2. In the present writ petition, an order was passed on 09.09.2016, upon an application filed by the petitioner, directing the respondent no. 2
- Registrar of Cooperative Societies ["the Registrar"] to take into custody the files Signature Not Verified pertaining to loan disbursed by the respondent no. 3 during the Digitally Signed By:SHITU NAGPAL Signing Date:08.07.2021 21:52:22 W.P.(C) 7921/2016 Page 1 of 2 period 2011-2014.
3. By way of the present application, the applicant seeks release of three of the documents lying in the custody of the Registrar pursuant to the aforesaid order. The documents are enumerated in paragraph 6 of the application as follows:-
"(a) Original loan application dated 12.02.2011 of Sh.Ranvir Singh for the amount of Rs. 5 lacs (Loan a/c No. 92800.
(b) Original GPA dated 04.01.2011 mortgaged by Mr. Ranvir Singh with the Delhi Nagrik Sehkari Bank Ltd.
(c) Original Salary Slip of Ranvir Singh & Daljit Singh submitted by Mr. Ranvir Singh with the Delhi Nagrik Sehkari Bank Ltd."
4. Mr. Jamal Akhtar, learned counsel for the applicant/EOW submits that the documents in question will be taken by the EOW for a period of 8 weeks and thereafter returned to the custody of the Registrar. Mr. Rajesh Srivastava, learned counsel for the petitioner and Mr. Kuldeep Singh Parihar, learned counsel for the Reserve Bank of India, have no objection to the aforesaid submission.
5. In these circumstances, it is directed that the documents enumerated above be handed over by the Registrar to the Investigating Officer in-charge of the investigation into the above FIR for a period of 8 weeks. The documents will thereafter be restored to the safe custody of the Registrar in terms of the order dated 09.09.2016.
6. The application stands disposed of in these terms.
PRATEEK JALAN, J JULY 8, 2021 'pv' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.07.2021 21:52:22 W.P.(C) 7921/2016 Page 2 of 2