Amit Gupta v. Union Of India And ORS

SLJ 20-WP-3205-2022 (STM).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3205 OF 2022 Amit Gupta

...Petitioner

V/s.

Union Of India And Ors.

...Respondents

Mr. Nihar Ghag a/w Mr. Rishabh Sethi, for Petitioner. Mr. Kuldeep Patil, Advocate for Respondent No.2-CBI. Mrs. M.H.Mhatre, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 22nd FEBRUARY 2023.

P.C.:- .

Petitioner is Official Liquidator of Winsome Diamonds and Jewellery Limited, Andheri (West) Mumbai, duly appointed under the Order of National Company Law Tribunal, Ahmedabad Bench, Court No.1, dated 1st September 2020.

2.

Petitioner has prayed for direction that, the Respondent No.2 i.e. Central Bureau of Investigation (BS & FB), Mumbai, be directed to release/ de-attach/lift the seizure of Bank Account No. 31050213996 of the Corporate Debtor i.e. Winsome Diamonds and Jewellery Limited, Andheri (West) Mumbai.

3.

Mr. Naveen Kumar Meena, Inspector of Police CBI, BS & FB, Mumbai has filed affidavit-in-reply dated 16.11.2022 to the present Petition. In Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.03.02 15:33:39 +0530 SAJAKALI LIYAKAT JAMADAR 1/2 This Order is corrected pursuant to the Speaking to Minutes of Order dated 28.02.2023

SLJ 20-WP-3205-2022 (STM).doc Paragraph - 10 of the reply it is specifically stated that, the CBI has no objection to lift freeze on the said account and it also undertakes to write to the State Bank of India, Overseas Branch, Bangalore to lift the freeze. 4.

In view of unequivocal statement made by the Officer of Respondent No.2 on oath, Petition is allowed in terms of prayer clause (b). (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2 This Order is corrected pursuant to the Speaking to Minutes of Order dated 28.02.2023