Ashok Mohansing Bajaj vs Parag V. Vora And Anr
2017 Latest Caselaw 6334 Bom

                                        1                                9.scnin-1.17.doc

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

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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

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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.)