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2018 (10) TMI 707

ot been complied with and as per the e-mails, the documents have not been handed over and only skeletal documents of two companies have been handed over, namely of Amrapali Zodiac and of Amrapali Princely Estates. - Held that:- It is not only deliberate non compliance of the order but effort is being made to fritter away the documents in utter violation of the order passed by this Court. No justification could be pointed out by the learned counsel appearing on behalf of the Amrapali Group of Companies for not complying with the orders passed by this Court. - Since it is necessary to hand over the documents to the forensic auditors, considering the non-compliance evident on record, we find that there is no other way except to direct .....

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C)No.460/2018 W.P.(C) No.742/2018 (X) W.P.(C) No.829/2018 (X) W.P.(C) No.866/2018 (X) W.P.(C) No.58/2018 (X) For The Petitioner(s) : Mr. Himanshu Shekhar, AOR M/S. Dharmaprabhas Law Associates, AOR Mr. Manish Kumar Saran, AOR Mr. Shadan Farasat, AOR Mr. Sukant Vikram, AOR Mr. R. Sathish, AOR Mr. Sayaree Basu Mallik, AOR Mr. Vivek Narayan Sharma, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Prithvi Pal, AOR Mr. Shishir Pinaki, AOR Mr. Shovan Mishra, AOR Mr. Raj Kamal, AOR Mr. Gopal Jha, AOR Mr. Aniruddha P. Mayee, AOR Mr. Binay Kumar Das, AOR Mr. G. Balaji, AOR Mr. A. P. Mohanty, AOR Mr. Abdul Azeem Kalebudde, AOR Mr. Kumar Mihir, AOR Ms. Pallavi Pratap, AOR Mr. Kailash Prashad Pandey, AOR Mr. Ashok Kumar Singh, AOR Mr. Pallav Mongia, AOR Mr. Pra .....

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e other documents have not been handed over. We are constrained to observe that it is not only deliberate non compliance of the order but effort is being made to fritter away the documents in utter violation of the order passed by this Court. No justification could be pointed out by the learned counsel appearing on behalf of the Amrapali Group of Companies for not complying with the orders passed by this Court. In the circumstances, since it is necessary to hand over the documents to the forensic auditors, considering the non-compliance evident on record, we find that there is no other way except to direct the Police to seize all the documents and to handover the documents to the forensic auditors after seizing them from the possession of 4 .....

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y shall be kept in a room and key shall be handed over to the forensic auditors. We also direct the Police and the aforesaid three Directors to visit the statutory auditors of the company and handover all the documents in their possession to the forensic auditors. We make it clear that not even one single paper will remain with the auditors and Directors of the Amrapali Group of Companies for the aforesaid period. All the documents to be handed over to forensic auditors by the police. In case the aforesaid persons fail to hand over the documents as ordered they shall remain in the custody of the Police till such time, the documents are handed over. Let the Police take them from the Court along with them, to their respective offices and resi .....

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arily. Order dated 27.3.2018 passed by this Court has not dealt with any criminal case. The observations made in the operative portion of the order to the effect No coercive action will be taken by any authority with respect to the building where completion is going on under the order passed by this Court , does not deal with any Police investigation in any criminal case or in F.I.R. which may have been registered with Delhi Police, Economic Offence Wing. We have not passed any such order. Nothing comes in the way of Delhi Police, Economic Offence Wing, to make any criminal investigation in any case which is required to be made. Let the investigation be made. The Delhi Police, Economic Offence Wing, is also free to file charge-sheet and tak .....

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