MOHAN RAO Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The common prayers in these writ petitions are as follows:

(2.) The petitioner in W.P(Crl) No.595/2024 was a non- shareholding CEO and consultant of a family owned private limited company by name 'Vipul Shipyard Pvt. Ltd' (VSPL), having its shipyard in Vasco Da Gama, Goa. Petitioner in W.P(Crl) No.731/2024 is 'Vipul Shipping Engineering Works' and petitioner No.2 is a partner of the company . The petitioner in W.P(Crl) No.601/2024 was also a partner of the company. The petitioner in W.P(Crl) No.721/2024 is 'Vipul Shipyard Pvt. Ltd.', represented by its Director.

(3.) The Union Territory of Lakshadweep Administration (UTLA), headed by its Administrator, is responsible for procurement and construction of water vessels for the use of UTLA. The landing barges are used to transport passengers and cargoes between the Lakshadweep Islands and the mainland. The Ministry of Shipping, Government of India, in 2006 accorded sanction to UTLA for acquisition of two landing barges through open tender process. Pursuant to this, the Shipping Corporation of India floated a tender bearing No.T&S/NB/UTLA/2000PAS/LB/2006 dtd. 4/4/2006, on behalf of UTLA inviting offers from experienced shipyards for constructing Six, 200 PAX Passenger Landing Barges. In response to the tender four firms submitted their bids, and two were shortlisted and after technical scrutiny, VSPL turned out to be L-1. The construction agreement with M/s VSPL, Surat was not executed till 20/10/2007. In July 2007, VSPL informed the Shipping Corporation of India that their Surat yard was being taken over by a company named 'ABG Shipyard Pvt.Ltd,' but, they could fulfil the contract with UTLA in their Goa yard. In August 2007, the acquisition process was completed and VSPL, Surat yard was taken over by ABG Shipyard. The company started the building of the vessels in terms of the contract. Payments were made in instalments.