MRITUNJAY SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this appeal, correctness of the order of the Learned Single Judge dtd. 16/3/2022 passed in W.P.A No. 3928 of 2022 (Mritunjay Singh v. Union of India and Ors) has been questioned by the appellant.

(2.) The facts in a nutshell are that the appellant/ writ petitioner is employed as a Captain in Merchant Shipping and by virtue of which he is required to be on high sea across the globe for at least six months every year. During a time period of 19/3/2009 to 11/7/2012, appellant was made one of the directors of Kaushik Global Logistic Limited (KGLL) which, as contested by the Learned Counsel for the appellant had defaulted in repaying a loan of Rs.30.00 crores availed by it from Dena Bank, now Bank of Baroda. Although as per the impugned order, the account of the said KGLL became non-performing asset within nine months of availing and the current dues are in excess of Rs.60.00 crores.

(3.) Owing to the default in payment of loan, criminal proceedings were initiated by the Central Bureau of Investigation (CBI) against all the directors of the said company on the complaint of Dena Bank. The appellant had obtained an un-conditional bail in the said criminal proceeding by an order dtd. 2/7/2014 from the Ld. Special (CBI) Court No.2, Kolkata and his application under sec. 205 of the Code of Criminal Procedure had also been allowed by an order dtd. 1/9/2014. No appeal was preferred by the respondent Bank from either of the said order.