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TMI Blog2021 (4) TMI 994X X X X Extracts X X X X X X X X Extracts X X X X ..... rporation Limited (under liquidation) against Indian Bank, Bowbazar Branch 2, College Street, Kolkata-70012, praying for following reliefs:- a. Direction to the Central Bureau of Investigation, Kolkata Branch to investigate the issue of fake four (4) no. of TDRs amounting to Rs. 1,50,74,975/- in respect of M/s. West Bengal Tea Development Corporation Limited. b. Respondent may be directed to refund the money along with interest. 2. The Official Liquidator submitted as follows: a. West Bengal Tea Development Corporation Limited, the Corporate Debtor, had been directed to be wound up in terms of section 271 and 272 of the Companies Act, 2013 vide order of this Tribunal dated 14.11.2019, and Mr. N. Krishnamurthy was appointed as the liq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r system or in record, therefore, the Respondent was unable to reconcile it. f. The liquidator vide his letter no. OL/Kolkata/confi/FIR/2020/1263/G dated 03.12.2020 lodged an FIR with the Joint Commissioner of Police, Lalbazar, Anti Bank Fraud Section, Detective Department, Kolkata for investigating the issuing of fake TDRs. g. Since the transactions involve nationalised bank and money involved is very huge, it requires to be investigated by the Central Agency. The liquidator, therefore, requested this Tribunal to direct the Central Bureau of Investigation (CBI) to investigate the fraud of Rs. 1,50,74,975/- (Rupees one crore fifty lakh seventy-four thousand nine hundred and seventy-five only). h. The Official Liquidator relied on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bank, the Bank, therefore, had no option but to deposit the said amount in the specified account only. The liquidator should claim the money from the holder of the account to which the sum was credited as per his instruction. e. In order to buttress his submissions, the learned Counsel relied on the decisions of the Hon'ble Supreme Court in Bir Singh v. Mukesh Kumar (2019) 4 Supreme Court Cases 197, paras 33 and 34, and Hardeep Singh v. State of Punjab and Others (2014) 3 Supreme Court Cases 92, paras 59 and 67. 4. We have heard the learned Counsel appearing for both the sides and perused the records. 5. It is the Applicant's case that he had issued a cheque bearing No. 086991 drawn on Punjab National Bank dated 12.02.2020 alon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same branch and siphoned off the entire amount. During the investigation, incriminating documents related to the case were seized, three accused persons were arrested and the investigation of the case is under progress. 9. Since, the investigation is already under progress and has reached the advanced stage where arrests have also been made; in our opinion, it would not be appropriate to issue direction upon the CBI to investigate the matter. 10. Moreover, our hands are tied when it comes to issuance of direction upon the CBI to investigate a case. This Tribunal can exercise its powers only as envisaged under the Companies Act, 2013. The said Act does not confer the power upon this Tribunal to direct the CBI to investigate a case. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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