Rajkumar Agarwal vs. Union Of India

ITEM NO.4 COURT NO.8 SECTION X

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

Writ Petition(s)(Criminal) No(s). 239/2019

VIJAY SHUKLA Petitioner(s)

VERSUS

UNION OF INDIA & ANR. Respondent(s)

(FOR ADMISSION and IA No.132358/2019-EX-PARTE STAY)

Date : 19-09-2019 This petition was called on for hearing today.

CORAM :

Digitally signed by CHARANJEET KAUR Date: 2019.09.20 10:16:29 IST Reason:

Signature Not Verified

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI

	For Petitioner(s)	Mr. V. Mohana, Sr. Adv.<br>Mr. Gautam Awasthi, AOR<br>Mr. Devanshu Yadav, Adv.<br>Ms. Rabiya Thakur, Adv.<br>Mr. Prasouk Jain, Adv.<br>Mr. siddhant Nanda, Adv.
UOI	For Respondent(s)	Mr. K.K. Venugopal, AG<br>Mr. Tushar Mehta, SG<br>Ms. Madhavi Divan, ASG

Mr. Prashant Singh, Adv. Ms. Shraddha Deshmukh, Adv.

Mr. Arvind Kumar Sharma, AOR

Mr. K.K. Venugopal, AG Serious Fraud Mr. Tushar Mehta, SG Investigation Mr. Kanu Agarwal, Adv. Mr. Rajat Nair, Adv. Mr. Neeraj Sharma, AOR

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

Heard learned Attorney General for India and counsel for the parties.

Considering the fact that the challenge to Section 212 of the Companies Act, 2013 is already

pending before this Court in Transferred Case (Crl.) No.5 of 2018, this petition be tagged along with the said matter. Mr. Arvind Kumar Sharma and Mr. Neeraj Sharma, Advocates for the concerned respondents waive notice. Affidavits may be exchanged within four weeks.

As regards prayer for interim relief, we decline the same in this proceedings but grant liberty to the petitioner to pursue appropriate remedy before the concerned Court by way of application for anticipatory bail/bail or quashing as the case may be, which be considered on its own merits in accordance with law.

The fact that challenge to Section 212 of the Companies Act is pending before this Court will be no impediment for the petitioner to pursue appropriate remedies before the concerned Court(s).

The interim direction issued on 03.09.2019 will, however, continue for a period of ten days from today to enable the petitioner to approach the appropriate Court.

As requested by the learned Attorney General, we once again clarify that the concerned Court shall proceed in the matter before it

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uninfluenced by the fact that limited protection had been given to the petitioner by this Court as noted hitherto.

We make it clear that this order including dated 03.09.2019, shall not be treated as a precedent in future.

(NEETU KHAJURIA) COURT MASTER (VIDYA NEGI) COURT MASTER