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Delhi High Court - Orders

Tdi Infrastructure Ltd. & Ors vs Govt. Of Nct Of Delhi & Ors on 20 July, 2022

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~53
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.M.C. 3273/2022
                               TDI INFRASTRUCTURE LTD. & ORS.
                                                                            ..... Petitioners
                                               Through: Mr. Abhimanyu Bhandari, Ms.
                                                        Roohina Dua and Ms. Mansi Gupta,
                                                        Advocates.

                                                    versus

                                GOVT. OF NCT OF DELHI & ORS.
                                                                                      ..... Respondents
                                                    Through:     Mr. Laksh Khanna, APP for the State
                                                                 along with Inspector Virender.

                              CORAM:
                              HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                              ORDER

% 20.07.2022 CRL.M.A. 13779/2022 Allowed, subject to all just exceptions.

The application is accordingly disposed of.

CRL.M.C. 3273/2022 & CRL.M.A. 13778/2022

1. Petition has been preferred on behalf of the petitioner under Section 482 read with Section 483 Cr.PC for quashing of FIR No. 121/2018 under Sections 406/420/34/120-B IPC registered at Police Station E.O.W. Cell.

2. Issue notice. Learned APP for the State appears on advance notice served upon the State and accepts notice.

3. Respondent No 3 be served by all permissible modes on necessary steps being taken by the petitioner, returnable for 16.11.2022.

4. Learned counsel for the petitioner submits that some of the petitioners Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:21.07.2022 12:29:22 have already appeared before the learned Trial Court and have been released on bail since the charge-sheet had been filed without arrest.

It is further submitted that petitioners No. 6 and 7 are the erstwhile executive promoters while petitioners No. 8 to 13 are erstwhile independent non-executive directors of the company. It is prayed that petitioner No. 4 aged about 87 years as well as petitioners No. 6 to 13 who are erstwhile executive promoters/erstwhile independent non-executive directors may be exempted from appearance before the learned Trial Court for the date fixed since the matter has been settled with respondent No. 3 and petitioners are also willing to settle the issues with all other complainants. It is contended that the petitioner company have all the requisite sanctions and it only relates to the delay in handing over of some of the flats.

5. Considering the facts and circumstances, in case any exemption application is preferred by petitioner No. 4 and petitioners No. 6 to 13 before the learned Trial Court, the same shall be considered by the learned Trial Court favourably on the next date of hearing.

List on 16.11.2022.

ANOOP KUMAR MENDIRATTA, J.

JULY 20, 2022/A Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:21.07.2022 12:29:22