Serious Fraud Investigation Office vs. Heera Gold Exim Private Limited And Ors. Etc

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Criminal Appeal Nos.761-762/2021 & Contcd matter

ITEM NO.26 COURT NO.2 SECTION II

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Criminal Appeal No(s). 761-762/2021

THE STATE OF TELANGANA REP BY SPECIAL OFFICER VANDHANA & ORS. Appellant(s)

VERSUS

M/S HEERA GOLD EXIM PRIVATE LIMITED & ORS. Respondent(s) IA No. 164287/2023 - INTERVENTION APPLICATION

WITH

W.P.(Crl.) No. 31/2020 (X) IA NO.140775/2023-FOR IMPLEADMENT IA D NO.140776/2023-FOR DIRECTIONS IA D NO.153794/2023-FOR INTERVENTION IA NO.155403/2023-FOR INTERVENTION IA D NO.155405/2023-FOR DIRECTIONS

Date : 16-10-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA

For Appellant(s)	Mr. Ranjit Kumar, Sr. Adv.
	Mr. A.S. Rawat, Sr. Adv.
	Mr. Nikhil Rohatgi, Adv.
	Mr. Ankit Shah, Adv.
	Mr. Fatesh Kumar Sahu, Adv.
	Mr. Nishant Sanjay Kumar Singh, Adv.
	Mr. Pranav Kumar Srivastava, Adv.
	Mr. Sadashiv, AOR
	Mr. Devendra Kumar Gupta, Adv.
	Mr. Sri Harsha Peechara, Adv.
	Mr. Duvvuri Subrahmanya Bhanu, Adv.
	Ms. Pallavi, Adv.
	Ms. Kriti Sinha, Adv.
	Mr. Rajiv Kumar Choudhry, AOR
Indian Bank	Mr. Shiv Ram Sharma, AOR
	Mr. Vishwaditya Sharma, Adv.
For Respondent(s)	Mr. Ranjit Kumar, Sr. Adv.
	Mr. A.S. Rawat, Sr. Adv.
	Mr. Viplav Kumar Singh, Adv.
	Mr. Siddharth Singh, Adv.

Mr. K.K. Tyagi, Adv. Mr. Rajesh Sonthalia, Adv. Mrs. Amita Agarwal, Adv. Mr. Rajeev Kumar Bansal, AOR Mr. K.S. Kulkarni, Sr. Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. Akhileshwar Jha, Adv. Mr. Amit Kumar Chawla, Adv. Mr. Neeraj Singh, Adv. Mr. Chaman Sharma, Adv. Mr. Naresh Kumar, AOR Mr. Kanu Agarwal, Adv. Ms. Sairica S Raju, Adv. Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. Sughosh Subramanyam, Adv. Mr. Ashutosh Mishra, Adv. Mr. Padmesh Mishra, Adv. Mr. Yuvraj Sharma, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Mukesh Kumar Maroria, AOR Mr. Zoheb Hussain, Adv. Mr. Kanu Agarwal, Adv. Mr. Sughosh Subramaniyam, Adv. Mr. Annam Venkatesh, Adv. Mr. Yuvraj Sharma, Adv. Ms. Sairica Raju, Adv. Mr. Anand Dilip Landge, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Ms. Rajeswari Mukherjee, Adv. Mr. Kv Girish Chowdary, Adv. Mr. T Vijaya Bhaskar Reddy, Adv. Mr. D. L. Chidananda, AOR Mr. Sadineni Ravi Kumar, AOR Ms. Isha, Adv.

Criminal Appeal Nos.761-762/2021 & Contcd matter

Mr. Anuj Prakaash, Adv. Mr. Niraj Dubey, Adv. Mr. Pradum Kumar, Adv. Mr. Kumar Mihir, AOR Mr. Vikrant Singh Bais, AOR Mr. Abhikalp Pratap Singh, AOR Mr. Sagar Roy, Adv. Mr. Amber Shahbaz Ansari, Adv. Mr. Sandeep Lamba, Adv. Ms. Avni Singh, Adv. Mr. Deepak Kumar, Adv. Mr. Sarvesh Singh, Adv. Mr. Naresh Kumar Sharma, Adv. Mr. Chandra Shekhar Panda, Adv. Mr. Sudhir Singh, Adv. Mr. Sachin Pahwa, Adv. Mr. Kamal Mohan Gupta, AOR Mr. Syed Mehdi Imam, AOR Mr. Tabrez Ahmad, Adv. Mr. Shane Elahi Turkey, Adv. Mr. S. U. Abbas, Adv. Mr. Shashibhushan P. Adgaonkar, AOR Mr. Omkar Jayant Deshpande, Adv. Mr. Rana Sandeep Bussa, Adv. Mrs. Pradnya S Adgaonkar, Adv. Ms. Aruna Gupta, AOR Mr. Ramesh Allanki, Adv. Mr. GVNRSSS Vara Prasad, Adv. Mr. Syed Ahmed Naqvi, Adv. Mr. Ramesh Kumar Mishra, AOR Mr. Abdulla Naseeh V.T., AOR Ms. Abreeda Banu, Adv. Mr. Ranjay Kumar Dubey, AOR Mr. Avinash Sharma, AOR Mr. Anuj Prakaash, Adv. Mr. Niraj Dubey, Adv. Mr. Pradum Kumar, Adv. Mr. Kumar Mihir, AOR Mr. Avinash Sharma, AOR Mr. Md. Rashid Saeed, AOR

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4 Criminal Appeal Nos.761-762/2021 & Contcd matter

Mr. Dushyant Dave, Sr. Adv. Mr. Vibhu Tiwari, Adv. Mr. Satish C Kaushik, Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Sadineni Ravi Kumar, AOR Ms. Isha, Adv. Mr. M. R. Shamshad, AOR Mr. Gaurav Goel, AOR Mr. Mansoor Ali, AOR Ms. Rubina Jawed, Adv. Mr. Ankur Gulyani Panda, Adv.

UPON hearing the counsel the Court made the following O R D E R

The Indian Bank, Varanasi is represented before us and submits that the nil balance account was opened and after that Ripe Antrashtriya Dharmik Nyas Parishad [RIPE] deposited a sum of Rs.51 thousand. Thereafter, they approached the Bank saying that if Rs.641 crores was to be deposited in their account could the Bank issue a draft.

It is submitted that the Bank's letter was issued on the premise that if Rs.641 crores were deposited the Bank may issue/transfer the funds.

We say that the Bank should have been more careful in wording what they said because prima facie this Court has been taken for a ride on the premise as if there are Rs.641 crores lying there!

Now it is sought to be pleaded before us by Dr. C.K. Moula Shariff that there were agreements executed with RIPE and from those agreements they were expecting a sum of Rs.441 crores while Rs.200 crores was available with them. On our query as to where is this Rs.200 crores and whether this can be deposited in the Court, it is stated that the sum has been utilized to buy material for the development of the project!

We do believe that it is not even known whether this person who had entered into an arrangement to bring in Rs.641 crores has any pie lying to his credit or not.

We call upon him to file copies of Bank statements starting from 1st January of this year in respect of all his accounts and/or of the companies, partnerships or other entities which he claims to control.

The needful be done on or before 30.10.2023.

List on 06.11.2023.

Without further ado, we have little doubt that Dr. C.K. Moula Shariff must face contempt proceedings to be initiated before this Court.

Issue notice of contempt to Mr. C.K. Moula Shariff who is present in Court and accepts notice.

Reply to the same be also filed on or before 30.10.2023.

Insofar as the affidavit now tendered dated 16.10.2023 is concerned, we reject the so-called unconditional apology.

In respect of respondent No.13, in terms of the order dated 03.10.2023, the amount has now been remitted on 13.10.2023 and that aspect stands closed.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)