ABLAPL/16179/2020
2021 Latest Caselaw 1245 Ori

Citation : 2021 Latest Caselaw 1245 Ori
Judgement Date : 3 February, 2021

Orissa High Court

ABLAPL/16179/2020 on 3 February, 2021

ABLAPL No. 16179 of 2020

02. 03.02.2021 1. This matter is taken up by video conferencing mode.

2. Mr. S.S. Das, learned Senior Counsel submits that in relation to the claim which has been made by the informant saying that by non-payment of his legal dues, he has been cheated; the matter is pending before the National Company Law Tribunal (NCLT), New Delhi Bench, III/C.P. No.IB- 761/(ND)/2018 and the Resolution Professional having prepared the Scheme, the name of this informant finds mention therein and quantification towards his claim being payable to the extent of Rs.15.00 lakh has been provided and that with the approval by the COC is now pending before NCLT for attaining finality. He therefore submits that under the circumstances, the facts basing on which the present FIR has been lodged and the case has been registered has no leg to stand. He further submits that under the above factual standings, the Petitioners have moved this Court by filing an application under section 482 Cr.P.C. for quashment of the criminal proceeding and in that CRLMC, interim order restraining the Investigation Officer from arresting the petitioners has been passed and that CRLMC stands posted to 5th February, 2021. He, however, prays that in the above situation, here in this ABLAPL, the Petitioners be also given the interim protection.

3. Learned counsel for the State prays for grant of time to obtain instruction in the matter.

4. Considering the submission made, allowing the prayer of the learned counsel for the State in granting time to obtain up-to-date case diary and instruction; it is directed that the matter be listed on 10th February, 2021.

5. In view of the fact that the interim order providing protection to the Petitioners being so directed in the CRLMC, is operating the field; this Court at this moment does not feel any necessity to consider said prayer of the learned Senior Counsel for the Petitioners.

6. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order/judgment available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020.

Aks (D. Dash) Judge