2021 (1) TMI 1107

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.... 2. Accused are represented by learned Adv. Mr. Abad Ponda for accused No.1 and learned Adv. Mr. M. H. Ramsinghani for accused No.2. Learned S.P.P Mr. Venigaonkar a/w S.P.P Mrs. Kavita Patil present for ED. Deputy Director Mr. Pravin Salunkhe and Assistant Directors Mr. Natrajan Pillay and Mr. Ishwar present for ED. MHCC02-001254-2021 3. The ED seeks seven days custody of both the accused for their interrogation pertaining to the offence registered by Aurangabad City Police on 07.03.2020 for the offence punishable under Sections 406,420,34 of Indian Penal Code on the complaint of Mr. Surendra Sampatraj Surana, who was Managing Director of M/s Aurangabad Gymkhana Club Pvt. Ltd. They submitted that, from this FIR they registered ECIR No.....

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....by them including scheme No.1, scheme No.2, scheme No.3 and scheme No.4. thus, in total 2505 tenements are being constructed, out of which only 1666 tenements were constructed and thus entire blame putting upon M/s Surana Developers that they have failed to get vacate permission from the tenements for further construction they are unable to proceed with the construction. As such it is alleged that, they have used the funds from Yes Bank, specially Rs. 410 crores for their entire project by name Wroli,1973. Hence, from the accounts it was gathered that there are huge related party and nonbusiness transactions of M/s Omkar Realtors & Developers Pvt. Ltd. And all the group companies. It appears that the loans so availed from bank are diverted,....

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.... in NCLT, which was resulted in settlement before NCLT by putting agreement dt.17.08.2019. In the said agreement amount Rs. 14.27 crores has to be returned by M/s Omkar Realtors & Developers Pvt. Ltd. to M/s Aurangabad Gymkhana Club Pvt. Ltd., and accordingly, Rs. 1.30 crores through NEFT from Yes Bank was also transferred and two post dated cheques of various dates were given for remaining amount of Rs. 12.17 crores, which was not encashed as their account became NPA as per letter dt.31.10.2020. In such circumstances, to invoke that recovery by one or other mode, they are trying to pressurize them to get anyhow their desire result and this is the example of it. Therefore, complaint made to ED, about which ED cannot take cognizance, is not ....

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....rojected them as untainted. In such circumstances, ECIR No.MBZO/II/20/2020 came to be registered on 26.12.2020 and it needs to be investigated in detail. If it is not investigated definitely diversion of funds, for the purpose of which it was obtained was not carried out and thereafter, obtaining loan of Rs. 3,155/- crores out of said loan Rs. 2,755 crores was disbursed. Out of the same Rs. 1800 crores is outstanding and same has turned NPA. 11. In such circumstances, entire factual aspects of this money laundering after registration of FIR is within exclusive knowledge of both the accused and all these crucial facts, which are in their domain has to be exploded to being unearth deeply and direct involvement of M/s Omkar Realtors & Devel....