CAPTAIN SANJEEV NAGPAUL Vs. STATE

JUDGEMENT

(1.) ON 31st October, 2003, Central Bureau of Investigation (CBI) filed a charge sheet against Mr. Pawan Jaggi, Mr. Sanjeev Nagpaul and Mr. R.K. Malik, Chairman -cum -Director, Managing Director and Accounts Manager respectively of M/s. Seasons Creation (Pvt.) Ltd. The said charge sheet is still pending, though no evidence or statements of witness have been recorded till today.

(2.) THIS charge sheet was filed after a complaint was made by Allahabad Bank, who were impleaded as respondent No.2 to this writ petition vide order dated 2nd March, 2009. The said respondent had initially appeared but has not been represented for last several dates. It is, however, not disputed that the respondent No.2 bank has settled the matter with M/s. Seasons Creation (Pvt.) Ltd. and others and has received all their dues in terms of the said settlement. The petitioner has filed on record a copy of the order dated 23rd July, 2002 passed in O.A. No. 523/1999 recording as under: - "....In this OA the applicant bank has claimed recovery of Rs. 99,76,452.89 against the defendants. The OA was filed on 1.12.99. After filing of the OA the applicant and defendants 1 to 4 are stated to have compromised the matter between themselves and in terms of their compromise the applicant bank agreed to receive a total of Rs. 72 lakhs from the defendants 1 to 4 in full and final satisfaction of its claims made against all the defendants in this OA. Out of this total compromise amount of Rs. 72 lakhs, the applicant bank is stated to has already received an amount of Rs. 67,80,772/ - from the defendants 1 to 4 and vide order dated 21.2.2002 the said amount was ordered to be kept in an FDR till the disposal of the joint application for recording of compromise filed by the parties. The defendants 1 to 4 have handed over a cheque bearing No. 079911 dated 23.7.2002 for balance compromise amount of Rs. 2,17,501/ - (balance compromise amount arrived at after giving credit of interest at 7% accrued on Rs. 67,80,772/ - in terms of order dated 21.2.2002) to the applicant's counsel and with the said payment the claim of applicant bank against all the defendants stated to has been fully satisfied and now the applicant bank has not to recover anything from any of the defendants...."

(3.) CBI had filed SLP No.14877/2009 against the said judgment, which was dismissed; vide order dated 14th September, 2009.