TaxTMI 
TaxTMI 
2023 (2) TMI 1142
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....ls Limited ('LHL'), which is facing insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 has approached this Court by filing instant petition challenging the interim order dated 30.11.2022 passed by Delhi High Court in Criminal M.C. No. 6408 of 2022 extending the transit anticipatory bail granted to Respondent Nos. 3 to 5 herein, who are stated to be suspended directors of 'LHL'. Learned counsel for the petitioner contends that during the pendency of insolvency proceedings before the National Company Law Tribunal (for short 'the NCLT'), an order was passed directing the Resolution Professional not to proceed with the approval of the resolution plan, which subsequently came to be vacated. The petitioner preferred an appeal....
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....of 2023 Petitioners are suspended directors of the corporate debtors of M/s. Leading Hotels Limited ('LHL'). A First Information Report bearing case no. 257 of 2021 dated 23.09.2021 under Sections 406,420,465,467, 468,471 read with Section 120-B of Indian Penal Code (for short 'IPC') was registered against them at Police Station Bowbazar, Kolkata. Petitioners herein sought quashing of the aforesaid First Information Report by invoking Section 482 of Criminal Procedure Code (for short 'Cr.PC') before the Delhi High Court which was registered as Criminal M.C. No. 6408 of 2022. Learned counsel for the petitioners contends that though transit bail was granted which has been extended from time to time and the question of jurisdiction is unde....
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....e the proceedings are pending before the High Court of Delhi awaiting an adjudication, there is no reason or occasion for us to interfere with the same at this stage. We have no reason to believe that the legal position, as learned counsel for the petitioners has tried to canvass before us by relying upon the aforesaid judgments of this Court, will not be taken into consideration by the High Court, as and when the same is brought to its notice. In the background of above facts, no useful purpose would be served by keeping this petition pending before this Court and interest of justice would stand served by requesting the High Court to consider and decide, Criminal M.C. No. 6408 of 2022, Shiv Kumar & Ors. Vs. State of West Bengal & Anr. pen....