2021 (11) TMI 614

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....hereby the learned CBI Court declined to return original 'title' documents to the petitioner. 2. The petitioner is 'liquidator', of Parekh Aluminex Limited-accused no.1 (Corporate Debtor) appointed by National Company Law Tribunal, Mumbai Bench (NCLT) pursuant to the order dated 7th October, 2020 in Company Petition No. 1262/2017. Factual Matrix : 3. Indian Overseas Bank had lodged a complaint against the, Corporate Debtor, with the Economic Offences Wing for the offences punishable under Sections 420, 467, 468, 471 read with Section 120B of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. It is prosecution case, that the Corporate Debtor in connivance/in furtherance of conspiracy wi....

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....pondents by letter dated 18th February, 2021 informed the petitioners that, original documents sought by the petitioner are in judicial custody of Special CBI Court. The petitioner therefore preferred Misc. Application No. 472/2021 before the Special CBI Court seeking return of original documents listed in Exhibit-G. 4. The Special CBI Court, vide order dated 28th June, 2021 declined to return the original documents, sought by the petitioner. It is against this order, the petitioners have approached this Court under Article 227 of the Constitution of India. 5. Heard learned Counsel for the applicant and learned Counsel for the CBI. 6. It may be emphasized that, under the Insolvency and Bankruptcy Board of India (Liquidation Process), Reg....