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Satish Chandra Shrivastava vs State Of Jharkhand Through Vigilance ... on 6 January, 2020 cites

M/S Reva Electric Car Co.P.Ltd vs M/S Green Mobil on 25 November, 2011

61. The learned counsel for the petitioners has relied upon a judgment reported in (2012) 2 SCC 93 (Reva Electric Car Company Private Limited Vs. Green Mobil) (Paras-33 and 34) to submit that 33 referring the matter to arbitration by itself cannot be said to be a crime. There is no dispute so far as this proposition of law is concerned. However, the said judgment has no bearing in the present case as the allegations relate to the manner in which the decision was taken by suppression of material facts in connivance with the contractor and other co-accused while preparing, forwarding and placing file note before the competent authority for taking a decision in the matter and had the file note been properly prepared and put up before the competent authority, the agenda to terminate the contract could have been taken to a logical end and could have a bearing in the decision to send the matter to arbitration. The allegations also allege criminal conspiracy in the manner in which decision was taken not to challenge the award and further decision to implement the award and make payment as per the award. Some of the details of such allegations have been mentioned in the above paragraphs. Considering the nature of allegations involved in the present case and the materials relied upon by the opposite party collected during investigation, the aforesaid judgment does not help the petitioners in any manner at this stage of the case.
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