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2019 (1) TMI 1801

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..... e order dated 23.2.2018 passed by this Tribunal further modified by Hon ble NCLAT is essential to R70 to R88. Application disposed off. - CP 277/221,222,241,242,246/2018, MA 222, 220, 246, 247, 250, 282, 311, 308, 813/2018 MA 406/2019 and MA 407/2019 - - - Dated:- 31-1-2019 - Shri V. P. Singh Member (J) And Shri Ravikumar Duraisamy Member (T) ORDER 27. MA 222, 220, 246, 247,250,282,311,308,813/2018 MA 406/2019; MA 407/2019 IN CP 277/221,222,241,242,246/2018 MA 407/2019 has been filed by the Union of India, MCA for Impleadment of additional Respondents in CP 277/2018. It is stated in the application that the applicant petitioner had initiated Company petition No.277/2018 before this Tribunal against the persons who had been named as accused in the FIR dated 31.1.2018 and further on 15.2.2018, filed by R68, i.e. Punjab National Bank. At that time, FIRs were registered against some known and unknown accused, who had been alleged to be the perpetrators of the huge financial scam against R-68 bank. As such, in the peculiar circumstances at that time demanded urgent action, the applicant petitioner besides ordering investigation into the affairs of 107 companies .....

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..... ti Complex, Plot No.46 and 47, Sec 34, Kamothe, Navi Mumbai 410209. The Then Officer Scale I, PNB, MCB, Brady House Branch, Mumbai 4. Mr. Vipual Natvarlal Ambani (Proposed R73) R/o 4-A, Rizvi Park,5-A, Altamount Road, Mumbai President (Investor Relation Corporate Affairs) of Firestar International Ltd (R8) 5. Mr Arjun Eknath Patil (Proposed R74) R/o Room No.14, Ground Floor, A-10, Shivshakti CHS Ltd. Sec 18, Nerul (W), Navi Mumbai Senior Executive of Firestar International Ltd (R8) 6. Mr Rajesh Krishan Jindal (Proposed R75) R/o B-5G, PNB Senior Officers, Residential Complex, 8 Under Hill Road, Civil Lines, New Delhi) The Then Assistant General Manager PNB, MCB, Brady House Branch, Mumbai 7. Mr Mohinder Kumar Sharma Proposed R76) R/o Flat No.203, Adarsh Society, Near Vadala Telephone Exchange, Dr Ambedkar Road, Dadar (E), Mumbai. The Then Chief Manager and Internal Auditor, PNB, MCB, Brady House Branch, Mumbai 8. Mr Bi .....

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..... lat No.704, Shri Vallabh Shanti, Navagaon, Dahisar (W), Mumbai 400 068. Joint President (Finance) in Gitanjali Gems Ltd (R1) 19. Mr. Vipul Chunilal Chitalia (Proposed R88) R/o, C-502, Parwan Apartment, Sai Baba Nagar, Opp. Axis Bank, Borivali (W), Mumbai. Vice President for Gitanjali Gems Ltd (R1), Gili India Ltd (R2) and Nakshatra Brands Ltd (R3) Petitioner has further contended that Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), besides the Serious Fraud Investigation Office (SFIO) regarding the Nirav Modi/Mehul Choksi financial scam is holding regular meetings after receipt of the charge sheet from the CBI. The petitioner has filed this MA for Impleadment of 19 persons as additional Respondents, i.e. R-70 to R-88. It is further said that the Impleadment of the additional Respondents are essential because they all are necessary and proper parties and their impleadment is essential. The contention of the application is supported by the Affidavit dated 30.1.2019 filed by Mr Manmohan Juneja, Regional Director, Western Region, MCA. On perusal of the record of CP 2 .....

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..... rs of Credits in favour of foreign suppliers of the accused companies. The accused persons mentioned in the FIRs above dated 31.1.2018 and 15.2.2018 include the companies and directors/management/employees belonging to the Nirav Modi group promoted by Mr Nirav Modi (R11) and Gitanjali Group promoted by Mr Mehul Choksi (R14). It is further stated in the application that the financial fraud came to the notice of the applicant petitioner through the FIRs above filed by PNB, the applicant petitioner, identified the 107 companies and 7 LLPs appearing to be involved in the financial fraud of approx. ₹ 11,400 crores that have been perpetuated on PNB by Mr Nirav Modi (R11), Mr Nishal Modi (R12), Mrs Ami Nirav Modi (R13) and Mr Mehul Chinubhai Choksi (R14) who are also directly or indirectly associated with the said companies/LLPs. It is further contended by the Petitioner that the Petitioner is holding regular meetings with other enforcement agencies, namely the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), besides the Serious Fraud Investigation Office (SFIO) regarding the Nirav Modi/Mehul Choksi financial scam. Subsequently, the applicant petitio .....

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