RAHUL SARAF Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Art. 226 of the Constitution of India to seek the setting aside/ quashing of the request for legal assistance dated 18.09.2015 issued by the Russian Federation to the Union of India. The petitioner also seeks a restraint against respondent No.1 and 2 i.e. Union of India and the CBI from taking any action or steps in pursuance of the said letter of request dated 18.09.2015. The petitioner seeks a direction that coercive steps be not taken against the petitioner. Another relief sought by the petitioner is to call upon the respondent no.1 to furnish all documents relating to Criminal Case No.385014 filed before the Investigative Department of Major investigationallys, Directorate of Russian Federation, Moscow pursuant to the Letters Rogatory from the Govt. of Russian Federation.

(2.) The background in which the present petition has been preferred is that a Joint Venture Agreement (JVA) was executed on 29.01.2008 between the Federal Agency for the Federal Property Management of the Russian Federation (referred to as Rosimushchestvo), a public joint stock holding company Technochim-holding and Saraf Agencies Pvt. Ltd., Titanium Mineral Products Ltd. (TMPL) in relation to a titanium project to be executed in the State of Orissa. Accordingly, a joint venture entity, namely, Titanium Products Pvt. Ltd. (TPPL) was incorporated in the State of Orissa on 28.03.2008.

(3.) It appears that disputes arose between the JV partners. According to the petitioner, the said disputes are presently pending in International Commercial Arbitration. The petitioner Rahul Saraf, admittedly, was a director of the JV Company.