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sbw IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SHOW CAUSE NOTICE NO.1 OF 2017
IN
RULE NISI/4/2016
IN
INSOLVENCY PETITION NO.11 OF 2013
Parag V. Vora & Anr. .. Insolvents
Exparte:
Ashok Mohansing Bajaj .. Petitioning Creditor
AND
Official Assignee of Bombay .. Petitioner
WITH
INSOLVENCY RULE NISI/4/2016
IN
INSOLVENCY PETITION NO.11 OF 2013
Mr. H.S. Venegavkar for the Enforcement Department.
Ms. K. S. Lalwani for the petitioning creditor.
Mr. M. D. Narvekar, Official Assignee present.
CORAM : A.K. MENON , J.
DATED : 16TH AUGUST, 2017 P.C. :
1. The order dated 4th April, 2017 directed the NIC to assist the Official Assignee to retrieve the data if any from the hard disk submitted by the Cosmos Bank Ltd. to help in further investigations.
2. The Court also recorded that the Income Tax Officer concerned shall ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 16:03:48 ::: 2 9.scnin-1.17.doc enquire into the income tax files of the insolvent nos.1 and 2 from the last 3 years and file a report in this Court to which an interim reply has been received on or about 26 th July, 2017.
3. Today Mr. Venegavkar appears at the request of the Official Assignee in relation to the earlier direction to the Enforcement Directorate. The Enforcement Directorate has stated that there is no FIR filed against the insolvents on record and the since the provisions of Negotiable Instruments Act and civil proceedings, not being offences under the provisions of Prevention of Money Laundering Act, 2002, the Enforcement Directorate is not able to take any action against the insolvents.
4. In the peculiar facts of this case, it is appropriate that the Central Bureau of Investigation is directed to ascertain from the appropriate authorities including the Bureau of Immigration as well as the passport authorities the following:-
(i) Number of passports issued to the insolvent no.1 and 2 and their validity.
(ii) The date of issuance of the passports and the places from which they issued.
(iii) The Central Bureau of Investigation shall also collect requisite information from the Bureau of Immigration to ascertain whether either or both of the insolvents have left the country and if so when ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 16:03:48 ::: 3 9.scnin-1.17.doc and their destination.
(iv) Central Bureau of Investigation is directed to file such report within a period of 4 weeks.
(v) In the meantime, the NIC shall file its report as to the analysis of the hard disk submitted by the Cosmos Bank Ltd. to the official assignee within the aforesaid period of 4 weeks from today.
(vi) The office of the Official Assignee shall provide copies of all necessary records to the concerned official of the CBI (Special Crime Branch).
(vii) Stand over to 19th September, 2017.
(A.K.MENON, J.) ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 16:03:48 :::