Bombay High CourtWP/3632/2024allowed

Gtl Infrastructure Limited v. Central Bureau Investigation And ANR.

2024-09-06Hon'Ble The Chief Justice , Hon'Ble Shri Justice Gautam A. Ankhad2 pages

rdg 69-wp-3631-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3631 OF 2024 GTL Limited .....Petitioner Vs.

Central Bureau of Investigation & Anr.

.....Respondents WITH CRIMINAL WRIT PETITION NO.3632 OF 2024 GTL Infrastructure Limited .....Petitioner Vs.

Central Bureau of Investigation & Anr.

.....Respondents Mr. Aabad Ponda, Senior Advocate, Mr. Subodh Desai, Senior Advocate with Mr. Rohan Rajadhyaksha, Adv. Essaji Vahanvati, Adv. Sajal Yadav, Mr. Prasad Lotlikar, Mr. Suyash Gadre, i/b. Mr. Harsh Ghangurde, Alathea Law LLP, for the Petitioner in WP/3631/2024.

Mr. Vikram Nankani, Senior Advocate, Mr. Manoj Mohite, Senior Advocate with Mr. Rohan Rajadhyaksha, Adv. Essaji Vahanvati, Adv. Sajal Yadav, Mr. Prasad Lotlikar, Mr. Suyash Gadre, i/b. Mr. Harsh Ghangurde, Alathea Law LLP, for the Petition in WP/3632/2024.

Mr. Kuldeep Patil with Ms. Saili Dhuru, for Respondent No.1 in both Petitions.

Smt. Anamika Malhotra, Addl.PP, for Respondent No.1-State in both Petitions.

CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 6th SEPTEMBER, 2024.

P.C.:- 1) In pursuance of Order dated 23rd August 2024, Shri. Bivash Kumar, Deputy Superintendent of Police, CBI, New Delhi has filed Affidavit 1/2

rdg 69-wp-3631-2024.doc in Reply dated 3rd September 2024. Prima faice, it appears that, questions posed before us for consideration and recorded in paragraph No.2 and 2.1 of Order dated 23rd August 2024 are not satisfactorily answered by the concerned Authority. Apart from the said fact, during the course of the arguments, Mr. Ponda, learned Senior Advocate appearing for Petitioner in Writ Petition No.3631 of 2024 has further raised arguable questions for consideration. He tendered across the bar a note on substantial questions of law for consideration of this Court.

2) Heard learned Senior Advocates for the Petitioners. 2.1) Arguable questions are raised.

2.2) Admit.

3) Mr. Patil waives notice on behalf of Respondent No.1. Learned APP waives notice on behalf of Respondent No.2. 4) Interim relief in terms of prayer clause (b). (DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) 2/2 Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 11/09/2024 17:55:30