LIST OF DATES AND EVENTS | BOMBAY HIGH COURT
Criminal
Bail Application No. 2008/2019 | Filing Date: July 15, 2019 | Nowhera Shaikh
(Applicant) versus State of Maharashtra (Respondent) | Hon. Justice Sandeep K.
Shinde J.
Ia. January 15, 2020: Bombay High Court had directed the Competent
Authority, Shri Avinash Shinde, S.D.O., to prepare for disbursement of monies
in seized bank accounts. After failing
to secure bail from the honorable District Court, Thane, Nowhera Shaikh
(Applicant) sought bail in Bombay High Court via CBA No. 2008/2019. On January
15, 2020, the Applicant agreed on Winding Up and Liquidation, and the matter
was referred over to Competent Authority (Additional Collector, Mumbai) for the
same. Order attached along with this letter, points No. 12 & 13 noted
herein for your reference:
12.
Mr. Kadam, Learned Counsel for the applicant, by taking me through the conditions
imposed by the Court of Telangana State as mentioned above, submits that the
applicant shall satisfy the claims of the depositors within 12 weeks after her
release from the jail. The affidavit to that effect has also been filed on
record.
13.
The Court will consider the argument of Mr. Kadam once the court is
satisfied that adequate steps have been taken by the Competent Authority to
secure the disbursement of amounts lying with the bank accounts of the said
financial establishment amongst the affected investors.
14.
Stand over to January 29, 2020.
Ib. January 22, 2020: Communication from Heera Group to Competent
Authority Shri Avinash Shinde, S.D.O., mentioning addition of FIRs/claims for
settlement/disbursement.
Ic. January 29, 2020: Court directed Competent Authority to report
compliance of order dated January 15, 2020.
1.
Competent Authority is directed to submit the report of compliance of
order dated 15th January, 2020, and remain present on the next date
of hearing.
2.
Stand over to 18th February, 2020.
Id. February 18, 2020: Competent Authority failed to respond to
court orders dated 15th January, 2020, and 29th January,
2020. Court issued Show-Cause notice to both Competent Authorities and directed
Applicant to place SLP 31/2020 (Supreme Court) for perusal.
2.
This Court vide order dated 15th January, 2020, had directed
the Competent Authority, appointed under Maharashtra Protection of Interest of
Depositors Act 1999 (MPID for short) to take the appropriate steps to ensure
that amount lying in the bank accounts of the establishment is made available
to the designated Court for reimbursement to the effected depositors, and was
further directed to take steps within one week.
3.
The Competent Authority had neither taken steps nor submitted the report
of compliance and therefore on 29.01.2020, Competent Authority was directed to
remain present in the Court.
4.
Learned APP has shown the communication vide which, order dated
15.01.2020 was communicated to the Competent Authority, however Competent
Authority has failed to respond, to it.
5.
Issue notice to the Competent Authority namely (i) Dr. Mohan Naladkar,
S.D.O. Bhiwandi, Division Bhiwandi and (ii) Shri Avinash Shinde, S.D.O. Thane
Division, Thane, to show cause as to why the action of Contempt of Court should
not be taken against him.
6.
Stand over to 11th March, 2020.
7.
In the meantime, the applicant is directed to place on record a copy of
SLP of 31/2020 for the perusal of this Court.
Ie. March 11, 2020: Home Department, Government of Maharashtra
responds to the court’s show-cause notice and the court discharges the notice
of contempt against the Competent Authorities. Court peruses the Applicant’s
petition in Supreme Court (31/2020) and advises pointing out of the status of
the court’s proceeding in CBA 2008/2019 to the Supreme Court.
1.
In compliance with the order passed by this Court, Dr. Mohan Naladkar,
S.D.O., Bhiwandi, and Shri. Avinash Shinde S.D.O., Thane, are present before
the Court. Learned APP tendered the
letter dated 5th March, 2020, issued by the Home Department,
Government of Maharashtra to Sub Divisional Officer, Thane, stating that the
Additional Collector, Mumbai City, has been appointed as the Competent
Authority in relation to the properties of Heera Gold Exim Ltd., Heera Retail
Pvt. Ltd., Heera Textile Ltd., and Heera Foodex Pvt. Ltd.
2. The said letter is taken on record and marked “X” for identification. It is also brought to notice that the applicant and other had preferred Writ Petition before Honorable Supreme Court and notice has been issued in Writ Petition as well as in the application for grant of interim stay, returnable in 3 weeks. It is submitted that the said petition was filed for clubbing the several cases being investigated by one agency. In view of the letter dated 5th March, 2020, the notice of contempt issued against the aforesaid officers stands discharged. It would be appropriate to point out the status of the proceeding before Apex Court. Stand over to 26th March, 2020.
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