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2019 (5) TMI 1712 - HC - Indian LawsIllegal Mining - Territorial Jurisdiction - cause of action arose within various places of Uttar Pradesh - Basic imputation is that huge money was amassed by the applicants by indulging in illegal mining in and around places at district Saharanpur - HELD THAT:- It is apparent that proceeding has been initiated against the applicants by moving complaint before the Special Court (Companies Act) Dwarka - Delhi - which inter-alia involves allegations of violation of various laws / rules of Companies Act, 1956. Exposure is made to various illegal omissions and commissions in the background of illegal land mining, creating false entity and entering into sham transactions in the complaint. Upon careful perusal of the summoning order, it is reflected that the same is based on material collected in investigation and the summoning order cannot be faulted with as a prima facie case for summoning is made out. Consequently, the prayer made for interference in the summoning order dated 24.01.2019 is refused. Under facts and circumstances of the case, it is provided that in case the applicants move an appropriate application before the trial court seeking discharge within three weeks from today, the same shall be considered and decided on its merit by speaking order after affording opportunity of hearing to both the sides - no coercive action shall be taken against the applicants till the period of three weeks from today or till presentation of the application, whichever is earlier - Application disposed off.
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