Ratul Puri vs Bank Of Baroda & Anr on 8 September, 2022
33. The allegation under Ground 7(e), as disclosed in the counter
affidavit, again pertains to transactions between MBIL and its 100%
subsidiary, MBSL. It remains uncontroverted from the pleadings and
the documents placed on record by the applicant/petitioner that it was
never the respondent Bank's case that the lease agreements in question
were not acted upon. The mere expiry of lease agreements between a
parent company and its subsidiary cannot, by itself, constitute
sufficient evidence to assume or assert that the transaction was
fraudulent. A perusal of the relevant documents, including the balance
sheets for the corresponding financial years, reveals that lease
transactions continued to be booked, thereby establishing that the
transactions were genuine and remained operative. Significantly, this
allegation did not even find mention in the SCN issued to the
applicant/petitioner.