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3. During investigation into the allegations in the CBI Vs. Shiv Kumar Sharma and Ors. Page No. 5 of 104 :: 6 ::

aforesaid FIR, it was revealed that M/s SEPL showing to have its registered office at 282, Satya Niketan, New Delhi, was incorporated on 21.05.2007 by A-5 Ramji Mishra while A-9 Chandra Kant Dubey and Sh. Sangam Pandey residing at the aforesaid address were shown as its Promoter Directors. Thereafter, Import/ Export Code (hereinafter referred as IEC) in the name of M/s SEPL was obtained by projecting A-1 Shiv Kumar Sharma and A-2 Naveen Kumar Sharma as its Directors as per the contents of Form-32 submitted for obtaining IEC. It was further revealed that these two Directors were shown to have been appointed on 05.04.2004 after two Promoter Directors had resigned on 07.04.2004, however, no such Form-32 showing aforesaid development was found available with the office of Registrar of Companies (RoC). It was disclosed that A-1 Shiv Kumar Sharma as Director of M/s SEPL filed Form-32 with RoC on 15.07.2004 showing resignation of accused A-9 Chander Kant Dubey and Sangam Kumar Pandey with effect from 01.07.2004 however, no Board Resolution passed by M/s SEPL was found available to show that Shiv Kumar Sharma (A-1) and A-2 Naveen Kumar Sharma were appointed Director of M/s SEPL by its Promoter Directors.
80. As per the case of the prosecution, the aforesaid Account Opening Form was accompanied by duly certified memorandum and article of association (Ex.PW44/D), copy of certificate of incorporation, certificate of importer exporter code dated 14.05.2004 issued by Director General Foreign Trade, Ministry of Commerce, Government of India CBI Vs. Shiv Kumar Sharma and Ors. Page No. 63 of 104 :: 64 ::
in favour of M/s SEPL and the resolution of M/s SEPL (Ex.PW44/A) and (Ex.PW44/C). In addition to the aforesaid documents, following documents were also submitted :-
82. PW-8 Sh. Data Ram is the witness who deposed with regard to the record of M/s SEPL maintained with Registrar of Companies. He deposed that he handed over documents CBI Vs. Shiv Kumar Sharma and Ors. Page No. 65 of 104 :: 66 ::
Ex.PW8/A to Inspector, CBI, vide seizure memo Ex.PW8/B. Ex.PW8/A is the Certificate of Incorporation along with Annexures such as Form No. 18, Forms No. 32, Form No. 5, copy of Resolution dated 12.08.2004 and Annual Return. As per the said documents, at the time of incorporation of M/s SEPL on 21.05.2002, the address of the said company was shown as 282, Satya Niketan, New Delhi and A-9 Chander Kumar Dubey and another accused Sangam Pandey were shown as Directors as per the detail given in Form No. 32. Subsequently, vide another document Form No. 32 A-9 Chander Kumar Dubey and Sangam Pandey were shown to have resigned on 01.07.2004, and Raj Singh and Sukhwinder were shown to have joined the Company on 12.11.2004. There is nothing on record with RoC showing A-1 Shiv Kumar Sharma and A-2 Naveen Kumar Sharma as Directors of M/s SEPL. However, as per the document that is Import Export Code, they were shown Directors of the aforesaid company on 14.05.2004. They were also shown Directors on 07.07.2004, at the time of opening of account with the Bank.