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2018 (4) TMI 1589 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAIFraud by Gitanjali group of companies - independent director seeking vacation of restraint order passed by this Bench not to remove, transfer or dispose funds, assets and properties of the entities and individuals until further orders on the ground that these respective respondents, who had filed these applications, have not indulged in the fraud said to have taken place in respect of the Gitanjali group of companies - Held that:- It is the duty of this court to see that innocent people are not burdened by this restraint order therefore as and when any innocent comes before this Bench saying that he has no involvement in the fraud spiraling from the day-to-day, this Bench has to diligently respond to the reliefs sought by such people. Of course, it is true that this Bench cannot decide who is innocent and who is culprit, but to the extent order passed by this Bench, it should not become helpless to vacate that order if no material is found against whom this order is in force. In view of the same, for there being neither an averment nor any incriminating material placed against this applicant, this applicant deserves vacation of the restraint order in force against him, accordingly this MA is disposed of vacating the restraint order dated February 23, 2018 against this applicant.
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