TaxTMI 
TaxTMI 
2024 (10) TMI 1833
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....sha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), a prayer has been made to release applicant-Hitesh Gandhi, on interim bail, in case No. ECIR/SHSZO/04/2019 dated 22.07.2019, registered with the Enforcement Directorate Office (ED), Sub-Zonal Office, Rani Villa, Bagrian House, Strawberry Hills, Chhota Shimla, Shimla, Himachal Pradesh, on the ground that he is the Director of M/s Walia Traders Ltd. and the Punjab National Bank had given notice, under Section 13 (8) of the SARFAESI Act, 2002 on 9th October, 2024 to take the possession of Hotel at KC Residency at Chandigarh. 2. According to the applicant, the said property is worth more than Hundred Crores and without his presence, the matter cannot be resolved with the Bank. Theref....
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....ps to SC, ST and OBC students, under the Post Matric Scheme. In this fraudulent activity, officials from the Department of Higher Education, alongwith private Educational Institutions and Banks, were involved, which has resulted into misappropriation of scholarship funds of more than Rs. 200 crore. 8.2. The applicant, according to the stand, taken by ED, along with others, has played a major role in the scam, wrongfully withholding the rightful scholarship entitlement of the scholarships of the students, belonging to SC, ST and OBC students of Himachal Pradesh. According to ED, they have diverted the said funds into their pockets/ accounts. 22 institutions are stated to be involved. In this regard, ED has relied upon the charge sheet sub....
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....s stated to be the Vice Chairman of KC Group of Institutions at Pandoga, Una and Nawashehar, Punjab. According to the ED, during the course of investigation, it has been revealed that KC Group of Institutions, Pandoga and Nawashehar, in connivance with the officials of Directorate of Higher Education, Himachal Pradesh and Bank officials, have fraudulently availed the scholarship, under the Post Matric Scheme, for SC/ST/OBC of Himachal Pradesh. 8.6. According to the ED, the applicant has verified and claimed the scholarship under Post Matric Scheme, for the students, belonging to SC/ST/OBC, who were not enrolled in any course, with KC Group of Institutions Pandoga and who had left the institute without completing their studies. In order t....
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....ication. 10. It is not in dispute that notice under SARFAESI Act, has been issued with respect to one of the properties of the applicant, at Chandigarh, by the Punjab National Bank and the matter cannot be resolved without presence of the applicant, as, he has to join the proceedings before the Bank. 11. It would not be out of place to record herein that the applicant was ordered to be released on interim bail, on previous occasions also, which liberty has not been misused by the applicant. 12. Considering the given facts and circumstances, of the case, this Court is of the opinion that the prayer of the applicant for interim bail can be allowed. 13. It has also been submitted by learned counsel appearing for the applicant that ....