•The aforesaid agreement was thereafter terminated by a legal notice, whereby the loan amount was recalled by the respondent bank, and the respondent company has already initiated arbitration proceedings, in which Arbitrator's name was appointed as the Sole Arbitrator in the said arbitration matter.
28.09.2016The petitioner replied to the letter dated 18.08.2016, raising objections to the appointment of the Arbitrator, coupled with objections as to the Seat of the Arbitration, since each and every transaction under the aforesaid loan agreement was carried out within the jurisdiction of this Hon'ble Court.
08.10.2016A second notice was served upon the petitioner to appear in person or through an attorney before the Arbitrator appointed by the respondent, namely Arbitrator's name, at Pune.
Month of application filing.12.2016Hence, the present application.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Petition number OF 2016.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
FIR No. FIR number
U/S.: IPC sections in FIR IPC
P.S.: Police station, DELHI
I N D E X
| S. NO. | PARTICULARS | PAGES | C.FEE |
| 4. | List of Dates & Events. | | |
| 5. | Petition under Section 482 of Cr.P.C. with affidavit. | | |
| 6. | Annexure P-1. — Application for defreezing of the bank accounts filed by the petitioner before the Ld. Trial Court. | | |
| 7. | Annexure P-2. — A true copy of FIR No. FIR number. | | |
| 8. | Annexure P-3. — Copy of the list of the bank accounts and copy of the letter from the bank. | | |
| 9. | Annexure P-4. — A true copy of the order sheet of the Ld. Trial Court. | | |
| 10. | Application under Section 482 of the Cr.P.C. for exemption from filing the certified copy, with affidavit. | | |
DELHIPETITIONER
THROUGH
DATED
Advocate's name
ADVOCATES
Advocate's enrolment number
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Petition number OF 2016.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
FIR No. FIR number
U/S.: IPC sections in FIR IPC
P.S.: Police station, DELHI
URGENT APPLICATION
To,
The Hon'ble Joint Registrar,
Hon'ble High Court of Delhi,
New Delhi.
Sir,
It is respectfully requested that the accompanying petition / application be treated as urgent, in accordance with the provisions of the Delhi High Court Rules, Regulations and Orders.
The grounds of urgency are set out in the accompanying petition / application.
It is therefore most respectfully prayed that the accompanying petition for the defreezing of the bank account of the petitioner may kindly be treated as urgent, in the interest of justice.
DELHIPETITIONER
THROUGH
DATED
Advocate's name
ADVOCATES
Advocate's enrolment number
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Petition number OF 2016.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
FIR No. FIR number
U/S.: IPC sections in FIR IPC
P.S.: Police station, DELHI
MEMO OF PARTIES
Petitioner's name and address
Through Authorised representative's name and designation.
New Delhi.: PETITIONER
VERSUS
Respondents' names and addresses: RESPONDENTS
DELHIPETITIONER
THROUGH
DATED
Advocate's name
ADVOCATES
Advocate's enrolment number
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Petition number OF 2016.
IN THE MATTER OF :-
Petitioner's name and address
Through Authorised representative's name and designation.
New Delhi.: PETITIONER
VERSUS
Respondents' names and addresses: RESPONDENTS
FIR No. FIR number
U/S.: IPC sections in FIR IPC
P.S.: Police station, DELHI
PETITION FOR AND ON BEHALF OF THE PETITIONER UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR A DIRECTION TO THE BANK FOR DEFREEZING OF THE BANK ACCOUNT OF THE PETITIONER IN FIR NO. FIR number UNDER SECTION 406/420 OF THE IPC, PENDING BEFORE THE LD. TRIAL COURT OF SH. Trial court judge's name, LD. CMM, SAKET COURT, NEW DELHI.
To,
The Hon'ble the Chief Justice and his Hon'ble Companion Judges of the High Court of Delhi at New Delhi.
MAY IT PLEASE YOUR LORDSHIPS :-
1.That the Petitioner is a law-abiding citizen and has full faith in the administration of justice. That the Petitioner has invoked the extraordinary jurisdiction of this Hon'ble Court under Section 482 of the Code of Criminal Procedure for a direction to the bank for the defreezing of the bank account of the Petitioner, which was frozen in the proceedings arising out of FIR No. FIR number under Section IPC sections in FIR of the IPC, registered at Police Station Police station, Delhi, and pending before the Ld. CMM, Trial court complex name, Saket Court, New Delhi.
2.That the brief facts of the case are as under:-
A.During the course of investigation, the bank accounts of the Petitioner company were frozen by the Investigating Officer.
B.That the allegations in the present FIR have nothing to do with the account of the company. The Petitioner company came to know of the freezing of the account through a letter received from the bank.
C.It is further submitted that some of the complainants / investors have lodged a complaint against the Petitioner with the police in Gurgaon, relating to one of the sites (projects). While hearing the bail application, the Hon'ble High Court of Punjab and Haryana was pleased to grant interim bail to Name of person granted interim bail, subject to the fulfilment of the undertaking tendered by Name of person giving undertaking that he would make a monthly payment of Rs. 10 Crores to the unallotted investors. It is pertinent to mention that the Petitioner is making payments to the various investors in terms of the orders passed by the Hon'ble High Court of Punjab and Haryana.
D.It is further submitted that there has been no disobedience of the directions passed by the Hon'ble High Court of Punjab and Haryana.
E.In view of the fact that the Group Chairman, Group chairman's name, is making payment of Rs. 10 Crores to the investors, the freezing of the account by the Investigating Officer is against the spirit of that order, as the freezing of the bank account of the Petitioner company comes in the way of the disbursement of money to the investors. Even otherwise, no prejudice would be caused to the prosecution if the application for the defreezing of the bank account is allowed.
F.The Petitioner states that the Investigating Officer has absolutely no jurisdiction or power under any of the provisions [of the Criminal Procedure Code](https://indiankanoon.org/doc/445276/) to freeze the accounts of the Petitioner company.
G.Furthermore, the freezing of the accounts has rendered the performance of the Company impossible owing to the illegal action of the police. The day-to-day functioning of the company is an integral part of the activities of the company, and all such activities will come to a standstill if the bank accounts remain frozen.
H.It is further submitted that the power of the police to freeze any account can be exercised only where there is a direct nexus between the crime and the said account. Freezing of accounts has been resorted to only in cases of misappropriation and corruption, whereas in the present case the failure of the project is attributable to other reasons in which no criminality is involved.
I.It is further submitted that Account No. Escrow bank account number with Bank name Bank is an Escrow Account with Escrow account holder company name Capital Limited, having an amount of approximately Rs. 24 lakhs. By freezing this account, the progress of the project has been stalled. As stated above, the said account is an escrow account, and its operation is essential for the completion of the project.
J.It is further submitted that the money in the said accounts is required to be drawn to meet the expenditure of the petitioner company towards its day-to-day functioning.
K.That the action of the police in freezing the accounts is mala fide and is intended to create terror and to bring the activities of the company to a halt; the money in the said accounts is required to be drawn to meet the expenditure of the company.
3.That before invoking the action of freezing the bank account, the Investigating Officer has not satisfactorily explained as to how the future transactions and activities of the company can have any nexus to the crime of the past.
4.That a reading of the provision of Section 102 of Cr.P.C. clearly indicates the scope of the power under the said provision and that it is an exhaustive provision. Only two categories of properties are mentioned therein, namely, (1) property alleged or suspected to have been stolen, and (2) property which may be found under circumstances which create suspicion of the commission of any offence. No other categories can be included or deemed to be included, as may otherwise be possible in an expansive definition by using certain other expressions in addition, such as "as the case may be", "as the authorities deem fit and necessary", etc., which may render the provision an inclusive and illustrative one and not an exhaustive one.
5.That however, without admitting and only for the sake of arguments, it is submitted that the alleged offence having been completed long back, the checking of the accounts in relation to the aforesaid case can be only as regards past events and accounts. Any checking would be relevant only with reference to past transactions. Section 102 of Cr.P.C. cannot have any nexus to the future transactions or the regular activities of the company.
6.That the day-to-day activities of the company and the money which it receives or spends for such day-to-day activities can have absolutely no relevance to the offences alleged to have been committed or to the investigation into those offences.
7.That the petitioner submits that if all these bank accounts are frozen, the company would not be able to disburse weekly wages to its employees, besides being crippled from running its day-to-day business, since all its monetary transactions are routed through these banks. The action of the police in freezing the bank accounts held by the company is therefore wholly arbitrary and unjustified.
8.That aggrieved by the freezing of the bank accounts of the petitioner by the Investigating Officer in FIR No.FIR number under Section IPC sections in FIR IPC registered at Police Station Police station, pending before the Ld. CMM, Trial court judge's name, Trial court complex name, the petitioner is constrained to file the present petition.
GROUNDS :-
A.
B
C
D.That the Ld. CMM failed to appreciate that the petitioner seeks further investigation in the captioned matter qua the facts stated above. That the Constitution of India grants the valuable right of a fair trial to the applicant and casts a duty upon the Investigating Officer to carry out the investigation in a fair manner. In the present case, the Investigating Officer has failed to collect the material or evidence sufficient to prove the falsity of the case as put forth in the investigation.
E.That the Ld. CMM committed a serious illegality in passing the impugned order against the petitioner and did not properly consider the facts on record itself.
F.That the Ld. CMM failed to appreciate that the delay in deciding the application of the petitioner for defreezing of the bank account is totally erroneous and contrary to the law and guidelines settled by the Hon'ble Supreme Court of India as well as the Hon'ble High Court of Delhi.
9.That grave prejudice and irreparable loss would be caused to the petitioner if the relief prayed for is not granted.
10.That the impugned order is bad on the facts as well as on the merits of the case and is liable to be set aside by this Hon'ble Court.
11.That the petitioner has no other alternative remedy but to approach this Hon'ble Court by way of the present petition, in order to prevent a grave miscarriage of justice and to secure the ends of justice.
12.That it is submitted that there is an inherent defect in the order under challenge, and if the proceedings are continued there is every chance of a miscarriage of justice; the matter therefore requires interference by this Hon'ble Court under Section 482 of Cr.P.C.
13.That the petitioner craves the leave of this Hon'ble Court to raise such other or further grounds as may be available to it at the time of hearing of the present petition.
14.That the petitioner has not filed any similar petition in the above-noted matter either before this Hon'ble Court or before the Hon'ble Supreme Court of India.
P R A Y E R :-
In the facts and circumstances of the case, it is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:-
A.Direct the bank / Investigating Officer to defreeze the bank accounts of the petitioner in the proceedings arising out of FIR No.FIR number under Section IPC sections in FIR IPC registered at Police Station Police station, pending before the Ld. CMM, Trial court complex name, in the interest of justice.
C.Pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
DELHIPETITIONER
THROUGH
DATED
Advocate's name
ADVOCATES
Advocate's enrolment number
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APP. NO. Exemption application number OF 2016.
IN
CRL. MISC. (MAIN) PETITION No. Petition number OF 2016.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
FIR No. FIR number
U/S.: IPC sections in FIR IPC
P.S.: Police station, DELHI
APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE Documents for which certified copies are exempted UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE.
MOST RESPECTFULLY SHOWETH :-
1.That the petitioner has filed Annexures along with the main petition in support thereof, and the Annexures so filed are true, correct and compared copies of their originals.
2.That the petitioner shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as they are made available by the copying agency concerned.
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to exempt the petitioner from filing the certified copies of the Annexures, in the interest of justice.
DELHIPETITIONER
THROUGH
DATED
Advocate's name
ADVOCATES
Advocate's enrolment number
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APP. NO. Exemption application number OF 2016.
IN
CRL. MISC. (MAIN) PETITION No. Petition number OF 2016.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
Affidavit of Sh. Deponent's name, Deponent's designation of M/s. Petitioner company's name, Deponent's office address, New Delhi, who do hereby solemnly affirm and declare on oath as under:-
1.That I am the petitioner in the above-mentioned petition and am, therefore, competent to swear this affidavit.
2.That upon my instructions, my advocate is filing the Application for Exemption from Filing Certified Copies in the above-mentioned case, and I am fully conversant with the facts of the same. I state that the facts stated therein are true and correct to my knowledge. The Annexures filed along with the Application are true copies of their respective originals.
DEPONENT
VERIFICATION :-
Verified at New Delhi on this Date of verification day of Month and year of verification that the contents of the above affidavit are true and correct to my knowledge; no part of it is false and nothing material is concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. (MAIN) PETITION No. Petition number OF 2016.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
AFFIDAVIT
AFFIDAVIT
I, Deponent's name, Deponent's designation of M/s. Petitioner company's name, Deponent's office address, do hereby solemnly affirm and declare on oath as under: -
1.That I am the petitioner in the above-mentioned case and, as such, I am conversant with the facts and circumstances of the case and am therefore competent to swear this affidavit.
2.That the contents of the accompanying petition under Section 482 of the Cr.P.C. have been read over and explained to me in the vernacular language, and having understood the same, I state that the facts stated therein are true to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION : -
Verified at Delhi on this Date of verification that the contents of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT