SC issues notice to UP govt on Landmark Group plea to quash FIR
Aug 31, 2022
New Delhi [India], August 31 : The Supreme Court has issued a notice to the Uttar Pradesh government on various petitions filed by the Landmark Group and members of the Dalmia family.
A bench of Justices Indira Banerjee and MM Sundresh issued notice to the Uttar Pradesh government and others and directed to list the matter for October 2022.
"In the meanwhile, there shall be a stay of further proceedings in Crl. Misc. No. 1000 of 2020, titled as 'F.N. Rai V. Landmark Property Development and Company & Ors.', now registered as case no. 1138/2022, titled 'State Vs. Landmark Property Development and Company & Ors.', pending before the Ld. Court of ACJM (Sr. Div), Meerut District Court, Uttar Pradesh," the court said.
A group of special leave petitions was filed by the Landmark Group and the members of the Dalmia family i.e. - Gaurav Dalmia, Mridu Hari Dalmia, Abha Dalmia, Padma Dalmia and Rakesh Agrawal.
The Dalmia Group was constrained to approach the Supreme Court against the order of the High Court of Allahabad, wherein the High Court refused to quash the criminal proceedings emanating from the First Information Report registered against the Dalmia group in Meerut.
The FIR was filed based on a complaint submitted by Ansal Group pertaining to the Share Purchase Agreement executed between the parties.
The case of Dalmia Group said that the complaint was nothing but a mere pressure tactic on behalf of the Ansal Group to wriggle out of their obligations under the Arbitral Award, wherein they were directed to pay more than Rs 250 crore to Dalmia Group.
Dalmia Group further submitted that unfortunately the summons was issued by the trial court in spite of two closure reports filed by the Meerut police from time to time before the Trial Court.
The case was argued by senior advocates Mukul Rohtagi, appearing on the behalf of Mridu Hari Dalmia, Abhishek Manu Singhvi, and Navniti Prasad Singh, appearing for the Landmark and Gaurav Dalmia, Dushyant Dave, who appeared for Padma Dalmia and Sidharth Luthra appeared on the behalf of Abha Dalmia.
The senior advocates were briefed by the team from Karanjawala & Co, which was led by its senior partners Ruby Singh Ahuja and Sandeep Kapur (Senior Partner), along with Ishan Gaur, Apoorva Pandey, Hancy Maini and others.
Senior advocate Shyam Dewan represented the Ansal Group.
