MONISHA GUPTA Vs. STATE AND ANR.

JUDGEMENT

(1.) THE petitioners herein are shareholders in Sunair Hotels Ltd. FIR No. 90/2000 police station Connaught Place was registered on 14th February, 2000 and is subject matter of charge sheet, which is pending before the trial court. Mr. S.P. Gupta, Mr. Kaveen Gupta and Mr. Vipul Gupta are facing prosecution in the said charge sheet under Sections 420/406/409/468/471/477A and 120B Indian Penal Code.

(2.) ECONOMIC Offences Wing, Crime Branch by their letter dated 1st March, 2004 informed the Managing Director of Tourism Finance Corporation of India that 2,09,91,600 shares of Sunair Hotels Ltd., which were deposited with them as security, are a case property in the said case and these cannot be liquidated and dealt with.

(3.) NO order or direction has been passed on the said application and the application is still pending consideration before the learned trial court. In the meanwhile the accused have filed an application before the trial court challenging the maintainability of the said application filed by the complainant. In the order dated 3rd September, 2010, it has been observed by the learned trial court that the question of maintainability of the application filed by the complainant will be dealt with during the course of arguments on the application filed by the complainant. Part arguments have been heard and the application has not been disposed of.