Dismissed

Messrs Mineral Sales Private Limited v. Centurion Bank of Punjab Limited

Bombay HC19 Jun 2008CA/879/2006

Case brief

AI extract

What is this about?

The Bombay High Court disposed of a company application seeking directions regarding criminal investigations. The court held that company court directions cannot deprive accused persons of their right to seek discharge before the competent criminal court, and that the Official Liquidator's report ceased to exist once a police charge sheet was filed.

What did the court decide?

The company application was disposed of. No order as to costs. The charge sheet filed by police rendered the Liquidator's report inoperative.

Messrs Mineral Sales Private Limited Vs Centurion Bank… — Company and Corporate | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY APPLICATION NO.879 OF 2006
IN
COMPANY PETITION NO.970 OF 1997

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Centurion Bank of Punjab Ltd. .. Applicant
Versus
Official Liquidator, H.C.Bombay .. Respondents

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Mr.Milind Vasudeo with Ms.Mohana Nair for
applicant
Mr.Pravin Samdani, Senior Advocate with
Mr.Rathod i/b. Milawala & Co. for respondent
Mr.S.Ramakantha, Dy.O.L. present.

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CORAM :S.C.DHARMADHIKARI, J.
DATE:19th June 2008

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P.C.

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.This application before me is by

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Centurion Bank of Punjab Ltd. It prays for
several reliefs in this company application which
are in the form of directions to O.L.

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2.Both sides do not dispute that the
directions are pertaining to some criminal
proceedings. Further both sides do not dispute
that the police authorities and more particularly
those at Gandhidham Police Station have proceeded
to investigate the case and have taken further
action. It is not disputed that the charge sheet
is filed in the Court at Gandhidham by Gandhidham
police sttation in connection with C.R.No.23 of
2004. Mr.Vasudeo appearing for applicant bank
states that the bank officers who are arrayed as
accused have applied for discharge and the
application in that behalf is pending. The
apprehension is that directions of this Court in
the company application disposed of earlier and
the orders and observations therein in pending
proceedings including O.L.Report are likely to
prejudice the applicants when they seek the
discharge. Needless to observe that this Court
may have directed investigations by police
authorities but by no stretch of imagination such

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directions can take away the right of those
arrayed as accused in proceedings pursuant to
such investigations to apply for appropriate
relief before competent criminal court.

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3.Such relief will also include discharge
from the proceedings. It is for the criminal
court to pass appropriate orders after hearing
parties and in accordance with law. The criminal
court must necessarily decide the matter, on the
basis of the powers conferred upon it under the
Cr.P.C. and further needless to observe that it
should not be only influenced by the directions
of this Court with regard to conducting
investigations and bringing the guilty to book.
The criminal court, needless to state will decide
the proceedings on the basis of the material
before it and independent of the observations or
orders in the company proceedings and
O.L.Reports.. Application is disposed of. No
costs.

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4.In view of the charge sheet having been
filed by the Gandhidham police station, O.L’s
report also does not survive and the same is
disposed as such.

Messrs Mineral Sales Private Limited v. Centurion Bank of Punjab Limited

Case brief

What is this about?

What did the court decide?

Messrs Mineral Sales Private Limited v. Centurion Bank of Punjab Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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