BAIL APPLN.--3023/2019. Case: BIJENDER SINGH LATHER Vs. GOVT. OF NCT OF DELHI. High Court of Delhi (India)

Case NumberBAIL APPLN.--3023/2019
Judgement DateDecember 06, 2019
CourtHigh Court of Delhi (India)


Date of decision: 06

+ BAIL APPLN. 3023/2019


Through Mr.Siddhartha Luthra, Sr. Adv. with

Mr.Jasbir Malik, Mr.Shantanu Sharma & Mr.Neeraj Khapra, Advs. versus

GOVT. OF NCT OF DELHI ..... Respondent Through Mr. Hirein Sharma, APP for State.

SI Kamal Kohli PS EOW.



J U D G M E N T (ORAL) Crl. M.A. 42063/2019

  1. Allowed, subject to all just exceptions.

  2. Application is disposed of.

    Bail Appln.3023/2019 & Crl.M.A. 42062/2019

  3. Vide the present petition, the petitioner seeks direction thereby grant anticipatory bail to the Petitioner in FIR No.59 of 2019

    04.04.2019 Police Station, Economic Offences Wing, Mandir Marg, Delhi under Sections 406, 420 & 120-B of IPC.

  4. The brief facts leading to filing of the said petition are that Shanti Real Estate Pvt. Ltd. (hereinafter referred to as "Company"), limited company incorporated under the Companies Act, 1956 in the 2014, acted as a guarantor to a loan facility obtained by one of the concern Society of the Company i.e. Prabhu Dayal Memorial Educational Association. The said Society defaulted in repayment loan to the lending Bank in pursuance to which the lending bank application under section 7 of the Insolvency and Bankruptcy Code, before the National Company Law Tribunal. The said Tribunal vide dated 13.06.2018, initiated Corporate Insolvency Resolution against the Company and appointed an Interim Resolution Professional take over the management of the Company. However, the Petitioner all endeavours to deliver possession of the flats to the Home including the complainant. The constructions of flats was completed 75-80% by June 2018, however, the Petitioner lost control of the vide insolvency admission order passed by the NCLT, Delhi on against the Company. Thereafter, the Company preferred an Appeal the National Company Law Appellate Tribunal (NCLAT) against the dated 13.06.2018 passed on the ground that the Company was willing

    settle the matter with the Lending Bank. But the Complainant,

    Solanki filed the Complaint against the Company after passing of the dated 13.06.2018 by the NCLT, i.e. when the Petitioner or any Director of the Company was not in control of the management company. However, Petitioner though being a minority shareholder, necessary and active steps to regain control of the company in complete the construction of the real estate project and to deliver...

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