Delhi High Court - Orders
Ashneer Grover vs Union Of India & Ors on 17 September, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~1 & 2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1430/2024
ASHNEER GROVER .....Petitioner
Through: Mr. Mohit Mathur, Senior Advocate
with Mr. Giriraj Subramanium, Mr.
Siddhant Joyal, Mr. Vignesh
Ramanathan, Mr. Akhilesh Tallur,
Mr. Joy Banerjee, Mr. Sanit Singh,
Ms. Deepal Goel, Mr. Ravi Pathak,
Ms. Veda Singh and Mr. Simarpal
Singh Sawhney, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Rishikesh Kumar, ASC
(GNCTD), Ms. Sheenu Priya, Mr.
Atik Gill, Mr. Sudhir Kumar Shukla,
Mr. Sudhir, Advocates with ACP
Virender Kadyan and Inspector
Ramkesh for R-2.
Mr. Vikas Pahwa, Senior Advocate
with Mr. Zulfikar Menon, Mr. Parvez
Menon, Mr. Mrinal Bharti, Mr. Vivek
Jain, Mr. Chirag Naik, Mr. Swapnil
Shrivastava, Ms. Kaashika Gera, Ms.
Sanskriti Gupta and Mr. Jayesh
Shrivastava, Advocates for
Complainant.
Mr. Anurag Ahluwalia, CGSC with
Mr. Tarveen Singh Nanda, G.P. for
R-1 & 3.
W.P.(C) 1430/2024 & W.P.(C) 1432/2024 Page 1 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/09/2024 at 21:49:37
+ W.P.(C) 1432/2024
MADHURI JAIN GROVER .....Petitioner
Through: Mr. Mohit Mathur, Senior Advocate
with Mr. Giriraj Subramanium, Mr.
Siddhant Joyal, Mr. Vignesh
Ramanathan, Mr. Akhilesh Tallur,
Mr. Joy Banerjee, Mr. Sanit Singh,
Ms. Deepal Goel, Mr. Ravi Pathak,
Ms. Veda Singh and Mr. Simarpal
Singh Sawhney, Advocates.
versus
UNION OF INDIA THROUGH ITS SECRETARY & ORS.
.....Respondents
Through: Mr. Rishikesh Kumar, ASC
(GNCTD), Ms. Sheenu Priya, Mr.
Atik Gill, Mr. Sudhir Kumar Shukla,
Mr. Sudhir, Advocates with ACP
Virender Kadyan and Inspector
Ramkesh for R-2.
Mr. Vikas Pahwa, Senior Advocate
with Mr. Zulfikar Menon, Mr. Parvez
Menon, Mr. Mrinal Bharti, Mr. Vivek
Jain, Mr. Chirag Naik, Mr. Swapnil
Shrivastava, Ms. Kaashika Gera, Ms.
Sanskriti Gupta and Mr. Jayesh
Shrivastava, Advocates for
Complainant.
Mr. Anurag Ahluwalia, CGSC with
Mr. Tarveen Singh Nanda, G.P. for
R-1 & 3.
W.P.(C) 1430/2024 & W.P.(C) 1432/2024 Page 2 of 7
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/09/2024 at 21:49:37
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 17.09.2024 CM APPL. 51795/2024 in W.P.(C) 1430/2024 (seeking permission to travel abroad from 28th September, 2024 to 07th October, 2024 to the United Kingdom and from 17th October 2024 to 20th October, 2024 to Qatar) and CM APPL. 51803/2024 in W.P.(C) 1432/2024 (seeking permission to travel abroad from 28th September, 2024 to 07th October, 2024 to the United Kingdom and from 17th October, 2024 to 20th October, 2024 to Qatar)
1. Through the above-captioned applications, the Petitioners seek permission to travel abroad from 28th September, 2024 to 07th October, 2024 to the United Kingdom and from 17th October 2024 to 20th October, 2024 to Qatar.
2. The Court had previously allowed the Petitioners to travel abroad, subject to certain conditions stated in order dated 24th May, 2024, read with order dated 28th May, 2024. One of the conditions for travel was that the Petitioners, who are related to each other as husband and wife, would be required to travel abroad separately. However, for proposed travel as per the instant application, both the Petitioners would have to travel together. Accordingly, there is a strong opposition to the prayers made in the application from the Respondents, who urge that there is a strong element of flight risk involved in the present case.
3. Mr. Rishikesh Kumar, ASC representing the Economic Offences Wing (EOW), states that they have filed a status report, copy whereof has been handed over across the board and taken on record. The relevant portion W.P.(C) 1430/2024 & W.P.(C) 1432/2024 Page 3 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 21:49:37 of the status report is extracted hereunder:
"4. On 6th August, 2024, an accused Amit Kumar Bansal has been arrested in the present case and produced before Court, thereafter, 09 days PC Remand has been granted for the above said accused. During custodial interrogation, accused disclosed that he and his brother Late Ravi Bansal (expired on 27th April, 2024) have incorporated 07 firms on the directions of Smt. Madhuri Jain/Grover, wife of the petitioner and Sh. Deepak Gupta. Thereafter, when the amount of invoices in respect of these 07 firms reached in crores, Smt. Madhuri Jain/Grover, wife of the petitioner and Sh. Deepak Gupta further asked them to arrange more firms for billing purposes and for the rotation/misappropriation of funds of the complainant company.
5. During investigation, one laptop, one CPU & other relevant articles have been recovered and seized on the instance of accused Amit Kumar Bansal from his factory situated at B-10, Rajhdhani Park, Nangloi, Delhi. Extraction of the data from these gadgets is in progress and same will be analysed.
6. Upon verification about the vehicle numbers found mentioned on the invoices and e-way bills showing delivery from alleged non-existing firms, it has also been revealed that even the registration number of School bus, Dumper (Hydraulic Truck), Coca Cola Delivery Van, Water Tanker, 18/14 Tyres Heavy Trucks, heavy goods vehicles, etc., were mentioned in the Invoices/E-way bills, showing the delivery of the standees, marketing materials like caps, T-shirt, miniature bats, QR Code, posters, etc.
7. Most of the vehicle owners examined so far (whose vehicle numbers were mentioned on the invoices) have denied of suppling any material for the complainant company to any place during the relevant period. Remaining vehicle owners are yet to be examined.
8. It is submitted that the investigation of the case is at advance and crucial stage. Replies received from various authorities/banks are being examined. Moreover, the investigation is in its last phase and it will be concluded at the earliest."
4. Further, objections have also been raised by Mr. Vikas Pahwa, Senior Counsel for the complainant at whose instance FIR has been registered. He submits that India does not have any extradition treaty with Qatar, which is one of the countries to which the Petitioners intend to travel. In such circumstances, if the Petitioners were not to come back to country, it would W.P.(C) 1430/2024 & W.P.(C) 1432/2024 Page 4 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 21:49:37 virtually be impossible for investigation agencies to ensure their presence when required. He further submits that during the same period, the co- accused Mr. Shaswat Jain, the brother of Smt. Madhuri Jain Grover, has also been permitted to travel to China, another country having no extradition treaty with India. This further exacerbates the flight risk involved in the present case.
5. The Court has considered the aforenoted submissions. On a pointed query raised to Mr. Rishikesh Kumar as to the status of proceedings in the FIR, the Court is apprised that the matter is under still investigation and more than 100 witnesses have been examined and one arrest has been made, as noted in the status report. It thus emerges that despite more than one and a half years having passed since registration of the FIR on 10th May, 2023, the Petitioners have not been arrested. Further, it is confirmed by the Respondents that the Petitioners have appeared before the Investigating Officer whenever they have been called upon to do so. In the opinion of the Court, the aforenoted circumstances as well as the fact that both the Petitioners have previously travelled abroad and duly returned to India in compliance with the Court's directions, the element of flight risk is substantially reduced.
6. In light of the above, the Court is inclined to allow the Petitioners to travel abroad from 28th September, 2024 to 07th October, 2024 to the United Kingdom and from 17th October 2024 to 20th October, 2024 to Qatar, subject to the following conditions:
(i) The Petitioners shall deposit the original title deeds of the property bearing No. CM408B, Camellias, DLF Phase V, Gurgaon. Further, the Petitioners shall also deposit the original title deeds of the property bearing W.P.(C) 1430/2024 & W.P.(C) 1432/2024 Page 5 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 21:49:37 number N-114 Second Floor, Panchsheel Park, New Delhi 110017.
(ii) The Petitioners shall not transfer, alienate or create any third-party rights in the abovementioned properties till such time that both Petitioners return to India.
(iii). The Petitioners shall deposit the original share certificate bearing number 109 having folio number 03 comprising of 5660 shares of Resilient Innovations Private Limited. The Petitioners shall not transfer, alienate or create any third-party rights in the abovementioned shares till such time that both Petitioners return to India.
(iv) As agreed, since both the Petitioners are being permitted to travel abroad together, the Petitioners shall deposit the passports of their children with Registrar General of this Court.
(v) The Petitioners shall furnish a detailed affidavit disclosing their detailed itinerary, including their stay at various stations abroad, telephone numbers and residential/hotel addresses. The Petitioners shall also file an undertaking that they shall adhere to the itinerary mentioned in the affidavit and will not visit any other stations. The Petitioners shall also furnish a copy of the air tickets that they have purchased for their travel, including return tickets, before the Registrar General.
(vi) The Petitioners shall provide the contact numbers which they will be using during the period of their stay(s) abroad, and at least one of the said contact numbers will be kept operational at all times, subject to all fair exceptions, including the period they are on board the aircraft.
(vii) The Petitioners shall share their location twice a day with the Investigating Officer during their respective stay(s) abroad. The Petitioners shall also undertake that they will pick up the calls of the Investigating W.P.(C) 1430/2024 & W.P.(C) 1432/2024 Page 6 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 21:49:37 Officer during their stay abroad.
(viii) The Petitioners shall intimate the Registrar General of this Court within 48 hours of their return to India.
(ix) The Petitioners shall file a self-attested copy of their Passport along with a copy of their visa in the Court on their return to India.
(x) The Petitioners shall not extend the dates of travel and shall return to India on or before 20th October, 2024. Any application for extension of stay abroad will not be entertained.
(xi) The Petitioners shall furnish an undertaking before this Court stating that they will not alienate any shares held by Ashneer Grover in Resilient Innovation Private Limited or any of its assets during the period of travel.
(xii) The Petitioners shall file an undertaking that they will not tamper with any evidence, including deleting any emails/messages/call logs, or attempt to influence any witnesses during their travel period.
(xiii) The Petitioners shall deposit their Emirates ID issued by the United Arab Emirates Government to this Court.
7. The permission to travel abroad given in this order shall be subject to other applicable conditions and will not be deemed as a direction to any other authority.
8. In case any of the above conditions are violated, the security shall be forfeited to the State.
9. With the above directions. the applications are disposed of.
10. List before the Registrar on 23rd September, 2024.
SANJEEV NARULA, J SEPTEMBER 17, 2024/as W.P.(C) 1430/2024 & W.P.(C) 1432/2024 Page 7 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 21:49:37