Calcutta High Court (Appellete Side)
Sc W. P. No. 3938 (W) Of 2014 Sandip Sanyal ... vs Union Of India & Ors on 21 July, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1
50 21.7.14
Sc W. P. No. 3938 (W) OF 2014 Sandip Sanyal & Ors.
-vs.-
Union of India & Ors.
W. P. No. 10341 (W) OF 2014 Icore E Services Ltd. & Ors.
-vs.-
Union of India & Ors.
Mr. Bikash Ranjan Bhattacharya
Mr. Shamim Shamad
Mr. Mrinal Ranjan Pramanik.
.....For the Petitioners
in W.P. No.3938 (W) of 2014.
Mr. Subhayo Ray
Mr. Arindam Ghosh
Mr. Sandip Mukherjee
Mr. Protik Das.
.....For the Petitioners
in W.P. No.10341 (W) of 2014.
Mr. Sakya Sen
Mr. Tapas Ballav Mondal.
.....For the State.
Mr. R. Bharadwaj
Mr. Bhaskar Prasad Banerjee.
.....For the Respondents
No. 2 & 3.
Mr. Debojyoti Basu Ms. Anjana Sengupta Mr. Ashish Chatterjee.
.....For the Respondent No.5./ SEBI.
Mr. Asraf Ali .....For the C.B.I. Mr. Bhattacharya, learned senior advocate for the petitioners in W.P. 3938 (W) of 2014 has referred to the affidavit filed by the Superintendent of Police, C.B.I. and submitted that the particulars of cases registered in the State of West Bengal against the defaulting company have not been provided.
Mr. Ali, learned advocate for the C.B.I. submits that the F.I.Rs are being scrutinised and if some time is granted, the particulars of the cases would be provided.
ACO Put up the writ petitions two weeks hence (4th August, 2014) under the heading 'Motion'.
In the mean while the Superintendent of Police, C.B.I. shall file an affidavit and provide the particulars of all the cases 2 registered against the defaulting company in the State of West Bengal. The Superintendent shall also indicate in such affidavit as to whether the case diaries and other materials/documents pertaining to such cases have been handed over or not for investigation in terms of the order of the Supreme Court dated 9th May, 2014 passed in W.P. (Civil) No.401 of 2013.
Insofar as the arguments advanced by the learned advocate for the petitioners in W.P. No. 10341(W) of 2014 that the Serious Fraud Investigating Office is the proper authority for investigating the complaints giving rise to the F.I.Rs is concerned, I am of the view that such point cannot be agitated having regard to the decision of the Supreme Court in referred to supra. The argument stands overruled.
Put up the writ petition on the date as directed above for filing of the requisite affidavit.
(Dipankar Datta,J.)