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In The Matter Of Scheme Of Amalgamation Of Triveni - COMPANY PETITION No. - 15 of 2000  RD-AH 14683 (30 August 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
COMPANY PETITION NO. 15 OF 2000
Incan Employees Welfare Association
and others - Petitioners
M/s Incan Group of Companies
and others - Respondents
Order on Civil Misc. Recall Application No. 193822 of 2007
filed by Sri Manjit Singh Aujla
Hon'ble Sunil Ambwani, J.
Heard Shri Vipin Sinha, learned counsel for applicant and Shri G.S. Hajela, learned counsel for C.B.I. Shri Rajnath N. Shukla appears for the Official Liquidator.
This application has been filed by Shri Vipin Sinha on behalf of Manjit Singh Aujla with the prayers to recall the order dated 19.4.2007 and to hear the Company Petition No. 45 of 1999 on its merit.
At the time of winding up petition, Hon'ble Mr. Justice Bhanwar Singh, in his order dated January 15, 2003, observed as follows:-
"As palpably, it appears to be a case of cheating and misappropriation of the public funds with evil designs and further since large sums collected on behalf of M/s Incan Mutual Fund Benefit Limited have been siphoned off by the Directors, by way of loans or otherwise, such evil designs need to be probed by the Central Bureau of Investigation.
Let, therefore, the Director, Central Bureau of Investigation and the Additional/Joint Directors, Central Bureau of Investigation stationed at Lucknow register a case for investigation and submission of a report in accordance with law."
The CBI registered RC-5 (E)/2003/EOW-II/DLI on 14.7.2003 under Section 120B read with Section 406, 420 IPC against M/s Incan Mutual Fund Limited, Lucknow through its Director Manjit Singh Aujla and others.
Shri Manjit Singh Aujla obtained an interim order from the Lucknow Bench of the Court where the matter was pending. The CBI filed stay vacation application No. 1060 of 2004 (Comp.) on the ground that accused is not cooperating in the investigation. Learned Single Judge vacated the interim order with the observations that Shri Manjit Singh Aujla is not cooperating in the investigation. He has not responded to several letters issued by the CBI to appear before them and thus the application was allowed.
Thereafter all the matters relating to Incan Group of Companies were transferred to this Court.
There is absolutely nothing in the present application to show that the applicant has cooperated with the CBI, responded to its letters and appeared in the investigation of large scale defalcation of public funds.
Shri G.S. Hajela, learned counsel for CBI submits that the applicant is still not cooperating in the matter and is trying to evade the investigation.
I do not find any good ground to recall the order dated 19.4.2007. The application is accordingly rejected. A copy of the order be given to Shri G.S. Hajela, learned counsel for CBI.
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