Central Bureau Of Investigation ... vs Surinder Singh Bhatia
2022 Latest Caselaw 15899 MP

                                1

 IN THE HIGH COURT OF MADHYA PRADESH
                      AT I N D O R E
                           BEFORE
    HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

             ON THE 1st OF DECEMBER, 2022

            REVIEW PETITION No. 1176 of 2022

BETWEEN:-
CENTRAL    BUREAU     OF  INVESTIGATION   THROUGH
ADDITIONAL SUPRITENDENT OF POLICE SHRI ATUL HAJELA
S/O SHRI R.C. HAJELA, AGED ABOUT 56 YEARS, CBI ACB
BHOPAL (MADHYA PRADESH)
                                                .....PETITIONER
(BY SMT. ISHITA GOYAL, ADVOCATE )

AND
SURINDER SINGH BHATIA S/O SHRI K.S. BHATIA R/O PLOT NO.
13-14 ADITYA NAGAR DIST. INDORE (MADHYA PRADESH)
                                              .....RESPONDENT
(NONE FOR THE RESPONDENT)
This petition coming on for orders this day, the court passed the
following:
                           ORDER

Heard on IA No.7496/2022 which is an application for condonation of delay in filing the petition. The petition is time barred by 53 days.

Keeping in view the reasons mentioned in the application, the same is allowed. Delay in filing the petition is hereby condoned. Accordingly IA No.7496/2022 stands disposed of.

This review petition has been filed by the review petitioner

under Section 114 of the Code of Civil Procedure, 1908, for review of the order dated 10.08.2022 passed in Writ Petition No.13731 of 2022 and is seeking the following reliefs:

(a) The present review application may kindly be allowed and impugned judgment / order dated 10.08.2022 passed by this Hon'ble Court in Writ Petition No.13731/2022 may kindly be reviewed/modified to the extent as submitted below:

"Learned counsel for the respondent on instructions submitted that the preliminary verification is already over and the matter has been referred to the committee of the Insolvency and Bankruptcy Board of India for seeking previous approval for conducting enquiry/investigation against Shri Subrata M Maity, Resolution Professional (RP) U/s 17 (A) of PC Act, 1988 (As Amended in 2018) and the same is awaited.

On perusal of the prayer clause the only prayer in the petition is that the respondents may be directed to initiate fair and unbiased investigation against the accused persons. Since the CBI has already sought previous approval for conducting enquiry/investigation against Shri Subrata M Maity, Resolution Professional (RP) U/s 17 (A) of PC Act, 1988 (As Amended in 2018) nothing survives for further adjudication in the matter. This petition, therefore, is disposed off".

It is therefore most humbly and respectfully prayed that the above said modification may kindly be made in the order dated 10.08.2022 in the interest of justice.

(b) Pass such other and further order (s) as this Hon'ble Court may deem fit and proper in the circumstances of the case.

On due consideration of the aforesaid facts and keeping in view the prayer made by Counsel for review petitioner, the review

petition is allowed and the order dated 10.08.2022 passed in Writ Petition No.13731 of 2022 is modified to the extent that last two paras of the same which reads as under:-

"Learned counsel for the respondent on instructions submitted that the preliminary investigation is already over and the matter has been referred to the Committee of the Insolvency and Bankruptcy Board of India for seeking permission to investigate and prosecute the accused and the same is awaited.

On perusal of the prayer clause the only prayer in the petition is that the respondents may be directed to initiate fair and unbiased investigation against the accused persons. Since the investigation is already over nothing survives for further adjudication in the matter. This petition, therefore, is disposed off". shall stand deleted and shall be read as under:

"Learned counsel for the respondent on instructions submitted that the preliminary verification is already over and the matter has been referred to the committee of the Insolvency and Bankruptcy Board of India for seeking previous approval for conducting enquiry/investigation against Shri Subrata M Maity, Resolution Professional (RP) U/s 17 (A) of PC Act, 1988 (As Amended in 2018) and the same is awaited.

On perusal of the prayer clause the only prayer in the petition is that the respondents may be directed to initiate fair and unbiased investigation against the accused persons. Since the CBI has already sought previous approval for conducting enquiry/investigation against Shri Subrata M Maity, Resolution Professional (RP) U/s 17 (A) of PC Act, 1988 (As Amended in 2018) nothing survives for further adjudication in the matter. This petition, therefore, is disposed off".

This order be read conjointly with the order dated 10.08.2022 passed in Writ Petition No.13731 of 2022. Accordingly, review petition stands disposed of.

(SUBODH ABHYANKAR) JUDGE Arun/-

Digitally signed by ARUN NAIR Date: 2022.12.03 08:22:09 +05'30'