Rakesh Kumar Jain vs Central Bureau Of Investigation ...
2017 Latest Caselaw 1265 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- U/S 482/378/407 No. - 4774 of 2009
 

 
Applicant :- Rakesh Kumar Jain
 
Opposite Party :- Central Bureau Of Investigation And Others
 
Counsel for Applicant :- Nandit Srivastava,K.K. Singh,Nisar Ahmad
 
Counsel for Opposite Party :- Govt. Advocate,Bireshwar Nath,D.D. Chopra
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1.  Another Bench of this Court on 9.12.2014 passed the following order :

"Rejoinder affidavit filed on behalf of the petitioner is taken on record.

Heard learned counsel for the petitioner, Shri Bireshwar Nath, learned counsel for the C.B.I. and Shri Manish Bhargav, learned counsel for the opposite party no. 4.

In this case the C.B.I. demonstrated before this Court that final report has already been submitted in the Court as is evident from the order passed by this Court at Allahabad in Company Petition No. 46 of 1996 on 23.11.2009. This order contains that counsel for the C.B.I. states that investigation is over and he has already filed his report on 15.10.2009 thereupon counsel for official liquidator states that he has to move an application under Section 454 (5) of the Companies Act and is granted a week's time to do so.

On the contrary learned counsel for the petitioner tried to demonstrate this Court that this report was not final report as is evident from the order passed by Company Court in Company Petition No. 46 of 1996, which is evident from the order dated 10.08.2010 wherein the Court observed "The C.B.I. has not submitted any final report with regard to the investigation conducted by it as directed by the Court earlier and has proceeded to submit charge sheet straight away as such counsel for the C.B.I. is directed to obtain instructions in this regard and to ensure that final report is submitted within two months."

Learned counsel for the C.B.I. submits that after passing this order the C.B.I. informed to Sri Anurag Khanna, who is representing the C.B.I. at Company Court that final report has already been submitted by it's letter dated 20.08.2010 but what happened thereafter in the Company Court has not been brought on record either by the C.B.I. or by the Income Tax Department or by the petitioner.

In absence of any further orders passed by the Company Court, it would not be appropriate to this Court to proceed further in the matter. Hence the parties are directed to submit status report about the Company Petition and specifically mentioning therein what happened after 10.08.2010 in the same.

List on 12.01.2015.

Interim order, if any, shall continue till the next date of listing."

2.  Today, Sri K.K. Singh, learned counsel for applicant states that company petition was last listed in the month of February, 2017.

3.  C.B.I. want may move application before company Judge with an application for listing the matter  as expeditiously as possible. 

4.  List all these matters on 18th July, 2017.

5.  Interim order, if any, granted earlier is extended till then.

Order Date :- 26.5.2017

Mukesh