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Bombay High CourtAPPP/1093/2018others disposed off

Standard Chartered Bank v. Enforcement Officer, Enforcement Directorate And ANR

2018-09-27Hon'Ble Shri Justice A.S. Gadkari4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1093 OF 2018 CRIMINAL APPLICATION NO.1170 OF 2012 Standard Chartered Bank ....Petitioner.

vs.

Enforcement OfÏcer Enforcement Directorate and anr.

....Respondents.

WITH CRIMINAL APPLICATION NO.1094 OF 2018 CRIMINAL APPLICATION NO.1171 OF 2012 WITH CRIMINAL APPLICATION NO.1095 OF 2018 CRIMINAL APPLICATION NO.1172 OF 2012 WITH CRIMINAL APPLICATION NO.1096 OF 2018 CRIMINAL APPLICATION NO.1173 OF 2012 WITH CRIMINAL APPLICATION NO.1097 OF 2018 CRIMINAL APPLICATION NO.1174 OF 2012 WITH CRIMINAL APPLICATION NO.1098 OF 2018 CRIMINAL APPLICATION NO.1175 OF 2012 WITH 1/4

CRIMINAL APPLICATION NO.1099 OF 2018 CRIMINAL APPLICATION NO.1176 OF 2012 WITH CRIMINAL APPLICATION NO.1100 OF 2018 CRIMINAL APPLICATION NO.1177 OF 2012 WITH CRIMINAL APPLICATION NO.1101 OF 2018 CRIMINAL APPLICATION NO.1177 OF 2012 WITH CRIMINAL APPLICATION NO.1101 OF 2018 CRIMINAL APPLICATION NO.1178 OF 2012 WITH CRIMINAL APPLICATION NO.1102 OF 2018 CRIMINAL APPLICATION NO.1179 OF 2012 WITH CRIMINAL APPLICATION NO.1103 OF 2018 CRIMINAL APPLICATION NO.1180 OF 2012 WITH CRIMINAL APPLICATION NO.1104 OF 2018 CRIMINAL APPLICATION NO.1181 OF 2012 WITH CRIMINAL APPLICATION NO.1105 OF 2018 CRIMINAL APPLICATION NO.1182 OF 2012 WITH CRIMINAL APPLICATION NO.1106 OF 2018 2/4

CRIMINAL APPLICATION NO.1183 OF 2012 Mr. T. Koopar with Ajay Monga i/by Ashwin Hawelikar for the Applicants. Mr. Hiten Venegaonkar with D.P. Singh for Respondent No.1. Mr. S.S. Hulke, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 27th September, 2018 P.C.:

1.

By an Order dated 30.11.2012 14-complaints filed by respondent No.1 are stayed by this Court in view of the fact that, the Supreme Court had granted interim stay to the further proceedings in Complaint Case Nos.1503/S/2002 and 1504/S/2002 pending on the file of Chief Judicial Magistrate, Mumbai.

2.

Mr. Koopar, the learned counsel appearing for the applicants submitted that, the issue involved in Special Leave to Appeal (Cri.) No. (s) 4478 and 4479/2012 arising out of Complaint Case No. 1503/S/2002 and Complaint Case No.1504/S/2002 is identical as has been raised in the present applications and i.e. the reason which was recorded by the earlier Bench while passing the Order dated 3/4

30.11.2012.

In a recent decision dated 28.3.2018, the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. Central Bureau of Investigation, the Hon'ble Supreme Court has issued guidelines and it is directed that, in all pending cases where the stay to civil or criminal proceedings is operating, the same will be come to an end on expiry of six months from 28.3.2018, unless in exceptional case by a speaking order such stay is extended. 3.

As noted herein above, the issue involved in the present 14applications is identical with that involved in Special Leave to Appeals arising out of companion Complaint Case No. 1503/S/2002 and Complaint Case No.1504/S/2002 and it would be trite that, till the final decision of the Supreme Court in the said two criminal appeals, the proceedings of the present 14 complaints are stayed. 4.

With this clarification all the applications are disposed off. (A.S.GADKARI, J.) 4/4