9911796707
TMI Blog2020 (7) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... DER 1. The grievance of the writ petitioner is that the police has refused to act on the First Information Report registered by them at the behest of the petitioners against the private respondents, taking shelter of a Corporate Insolvency Resolution Process (CIRP) pending in connection with the company in question. 2. Learned counsel for the petitioners, by placing reliance on an unreported jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns and transactions made in respect of the company, which is the subject matter of the CIRP and consequential proceedings. 5. In the instant case, it is evident from the affidavit-in-opposition filed by the police that a notice under section 41A of the Criminal Procedure Code was served on the respondent and already, subsequent to registration of a First Information Report, a police case was star ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt but credited in the account of their company M/s Prime Retail India Limited. 9. A perusal of the affidavit-in-opposition filed by the police authorities, taken in its full perspective, shows that the police took sufficient steps in connection with the complaint lodged by the present petitioners. 10. However, since the intervening commencement of the CIRP and the moratorium following therefrom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectly within the purview of the CIRP, it is to be deemed that the police cannot take further steps in the matter unless and until the CIRP culminates, in a resolution or otherwise. 13. In such view of the matter, the allegation, that the police are not taking sufficient steps on the complaint of the petitioners, cannot be accepted by this court. 14. Accordingly, W.P. 21071(W) of 2019 is dismisse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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