TMI Blog2020 (3) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... audit is required to be conducted into the affairs of the Ireo Group of Companies. If the concerned officer is of the view that such an audit is required to be conducted SFIO shall forthwith take steps, if not already done, for conducting a forensic audit of the companies. However, in the event the officer is of the view that no such forensic audit is necessary, he shall record his reasons for taking such a view - This Court does not consider it apposite to issue any directions in this regard as it is expected that SFIO shall conduct the enquiries/investigation and take all such necessary steps that it is required to take for the effective investigation in the matter. In so far as the petitioner s prayer that the properties of the Ireo G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Office SFIO) to attach the assets of the group companies and personal properties of respondent nos.1 to 10, till the investigation is completed by respondent nos.13 to 17 (police and income tax authorities) in terms of the directions issued by the Supreme Court in W.P.(Crl.) 142/2018 captioned Ramesh Sanka v. Union of India Ors. . 3. The petitioners claim to be persons who have invested in a project known as Ireo Fiveriver , which was being developed at Sector nos.3, 4 4A, Pinjore, Kalka Urban Complex, District Panchkula, Haryana (hereafter the Development ). 4. The petitioners state that a company known as Sunflower Township Pvt. Ltd. had acquired development rights in relation to the land on which the said project was bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d directors of the Ireo Group of Companies are managing the affairs of the company to make preferential payments and avoid the processes of law. She submits that in the aforesaid context, it is imperative that urgent orders be passed for attaching the properties of the promoters and directors of the Ireo Group of Companies and the investigation by SFIO be completed in a time bound manner. 8. The petitioners further pray that SFIO be directed to conduct a forensic audit of respondent nos.11 and 12 (Ireo Fiveriver Pvt. Ltd. and its parent company Ireo Pvt. Ltd.). 9. It is apparent from the averments made in the present petition as well as the order passed by the Supreme Court in W.P.(Crl.) 142/2018, that several agencies are inquiring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with uninfluenced by this order. 10. It is apparent from the above that the Supreme Court had not expressed any opinion as to the allegations made against the respondents but had noticed that several agencies were inquiring into the affairs of the said company. In the aforesaid background, the Supreme Court had directed that the respective agencies, (arrayed as respondent nos. 7 to 11 before the Supreme Court) would conduct their enquiries and depending on the outcome of the said enquires, would take appropriate action in accordance with law. 11. Mr Ahluwalia, learned counsel appearing for SFIO, submits that enquiries are being made and necessary action in accordance with law would be taken. 12. Having stated the above, it is app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, in accordance with law. 15. In so far as the petitioner s prayer that the properties of the Ireo Group of Companies be attached is concerned, this Court does not consider it apposite to pass any such orders for two reasons. First, the petitioner is unable to point out the legal framework within which such orders are required to be passed. And, second, that a Coordinate Bench of this Court has passed an interim order in W.P. (C) 10337/2018, restraining certain companies from creating interests in any third parties or parting with possession of their immovable properties. It is relevant to note that petitioners in the present petition are also the petitioners in that petition. Clearly, the petitioners cannot approach multiple forums see ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
