Rajasthan High Court bench comprising Justice Vinit Kumar Mathur stayed the order passed by the Jaiselmer Court regarding Non- Bailable arrest warrant against the Dhir and Dhir Managing Partner, Alok Dhir in relation to the State Bank of India loan (SBI) Scam case.
Submissions of Parties
Mr. Abhishek Manu Singhvi, learned Senior Counsel appearing for the petitioner submitted that on identical facts, an FIR was registered at Jaipur in 2017, wherein the same transaction was questioned and the Hon’ble Supreme Court quashed that FIR.
Learned Senior Counsel submitted that even in the present FIR, the police after the investigation had filed the negative final report stating therein that the case is of civil nature. He further contended that the chronology of events showed that the matter was of civil nature and the allegations levelled in the FIR had already been adjudicated right up to the Hon’ble Supreme Court and the same had been decided in their favour. Further submits that the petitioners were ready and willing to appear before the trial court but the petitioners had been summoned by issuing the warrant of arrest straight away without having been summoned earlier to this.
Mr. S.K. Bhati and Mr. M.S. Bhati learned Public Prosecutor put in an appearance on behalf of the respondent Mr. Saransh Saini, learned counsel accepted notice on behalf of respondent No. 2.
Order of the Court
Court after hearing the Counsels held that,
“I have considered the submissions made at Bar and also gone through the order dated 23.10.2017 passed by the Hon’ble Supreme Court, wherein, the Hon’ble Supreme Court while quashing the FIR No. 605/2017 held as under:
“This being the case, we are surprised that an arbitration proceeding has been purported to be started after the imposition of the said moratorium and appeals under Section 37 of the Arbitration Act are being entertained. Therefore, we set aside the order of the District Judge dated 06.07.2017 and further state that this effect of Section 14 (1) (a) is that the arbitration that has been instituted after the aforesaid moratorium is not est in law. Mr. Jayant Bhushan learned Senior Counsel, also informs us that the criminal proceeding being F.I.R No. 0605 dated 06.08.2017 has been taken in a desperate attempt to see that the IRP does not continue with the proceeding under the Insolvency Code which is strictly time-bound. We quash this proceeding.”
It was observed by the Court from the overall facts on record that the present proceedings arose out of the FIR No. 37/2015, wherein, the allegations levelled against the petitioners were almost the same as that of the FIR No. 605/2017 and were related to the same transactions. It was noted that the proceedings arising out of the non-repayment of the loan of Rs. 25 Crores, the proceedings undertaken before the NCLT, NCLAT, and the Hon’ble Supreme Court appeared to be of civil nature. Further in FIR No. 37/2015, the negative final report.
Was given by the police after a thorough investigation.
Therefore, it was ordered that in the meantime and till the next date of hearing, effect and operation of the order dated 12.02.2020 and consequential orders dated 31.03.2021 and 01.10.2021 passed by the Chief Judicial Magistrate, Jaiselmer shall remain stayed to the extent of summoning the petitioners through warrant of arrest.
Case Details
Case title: Alok Dhir v. the State of Rajasthan
Bench: Justice Vinit Kumar Mathur
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