Supreme Court - Daily Orders
Jaskaran Singh Chawla vs Union Of India on 3 November, 2022
Bench: Chief Justice, Bela M. Trivedi
1
ITEM NO.8 COURT NO.1 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Criminal) No.246/2022
JASKARAN SINGH CHAWLA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IA No.154226/2022 – FOR PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 03-11-2022 This matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE BELA M. TRIVEDI
Counsel for the Parties:
Mr. Kavin Gulati, Sr. Adv./Amicus Curiae
Mr. Jai Anant Dehadrai, Adv.
Mr. Siddharth Arora, Adv.
Ms. Adrita Bhuyan, Adv.
Mr. Sameer Shrivastava, AOR
Mr. Sanjay Jain, ASG
Mr. Arkaj Kumar, Adv.
Mr. Padmesh Mishra, Adv.
Ms. Tanya Aggarwal, Adv.
Mr. Anukalp Jain, Adv.
Mr. Rajat Nair, Adv.
Ms. Ashima gupta, Adv.
Mr. Mukesh Kumar Maroria, AOR
Mr. Arvind Kumar Sharma, AOR
UPON hearing the counsel the Court made the following
O R D E R
This petition filed under Article 32 of the Constitution of Signature Not Verified India prays for reliefs in the nature of monitoring of Digitally signed by BABITA PANDEY Date: 2022.11.07 19:03:19 IST Reason: investigation against the promoters, directors, beneficiaries and key-managerial personnel and shell entities of M/s. Amtek Auto Ltd. 2 Notice was ordered to be issued by this Court on 05.09.2022 and by subsequent order dated 12.10.2022, this Court appointed Mr. Kavin Gulati, learned Senior Advocate as Amicus Curiae to assist the Court.
We have been apprised that the affairs of corporate entity in question are presently being investigated by two agencies, namely, the Central Bureau of Investigation (“CBI” for short) and Serious Fraud Investigation Office (“SFIO” for short). Insofar as the investigation undertaken by SFIO is concerned, it is comparatively at an advanced stage while the investigation by CBI is yet to take-off. The SFIO has also engaged the services of Forensic Auditors to enable it to unravel many of the factual details concerning the financial structure and dealings in finance. Since the investigation by these two agencies is in the offing, we adjourn this matter to await filing of Status Report by both the agencies.
It has been submitted by the learned counsel for the petitioner that there are 19 banking institutions involved in the matter and out of which only five have responded and only one of the Banks has confirmed that the transaction in question could be called and summed up as ‘Fraud’.
Since the majority of banks have not yet come out with their version, the SFIO and CBI may as well inquire with the concerned banks/financial institutions and any investigation or inquiry in that behalf shall also be adverted to in the next Status Report to be filed on behalf of these two entities.
3Let the needful be done on or before 9th December 2022. The documents which have been received in Sealed Cover shall be re-sealed and kept in Sealed Cover till further orders of this Court.
On the previous occasion, certain directions were passed to ensure physical well-being and safety of some of the individuals. Those directions shall scruplously be followed and there shall be no deviation on any count.
List the matter for consideration before the appropriate Court on 13.12.2022.
(MUKESH NASA) (VIRENDER SINGH)
AR-cum-PS BRANCH OFFICER